RTI APPLICATION REPLIED BY PUTTING BACK DATE BY PIO ON FILIN
Rajneesh Madhok
(Querist) 02 September 2009
This query is : Resolved
RTI APPLICATION REPLIED BY PUTTING BACK DATE BY PIO ON FILING APPEAL TO FAA
I filed an RTI application on 13th July 2009, which had been delivered to the CPIO on 15.07.09. Any how we add five days in the date of delivery that will come out to be 18th July 2009. On getting no reply from the PIO, the First Appeal had been made to FAA on 19.08.09.
On 31.08.09 I received the reply by an official of the concerned department not mentioning his designation. He signed the reply as For Sr. Divl. Comml Manager, *****Name of Town. The concerned official is not PIO or FAA according to the website.
The PIO played the game by sending reply dated 18.08.09 which I received on 31.08.09. The reply made by ordinary pos. No seal on the envelope has been put by postal department. Neither at the place the envelope had been posted nor the place of delivery of document. The Postal stamps affixed at the back of the envelope has no seal.
Now the question is that.
1. Whether my First appeal that has been made on 19th Aug will be considered or not. Though I have documentary evidence of posting.
2. Whether I will have to file second appeal once again as I am not satisfied with the reply sent by the concerned official.
3. Should I make complaint to CIC.
4. How can I prove that the information that I received actually on 31st Aug 2009.
5. The PIO has sent reply on OIGS envelope. Whether we should make the enquiry of posting of that letter with evidence.
6. Our postal department is also funny. It does not put stamp.
7. Now the point is the proof of delivery.
8. What will be the intention of the CPIO to send reply after due date and putting back date on the replied letter.
Rajneesh Madhok,
B-xxx/63, Nehru Nagar,
St. No. 2, Railway Road,
Phagwara
s.subramanian
(Expert) 31 October 2010
1. it must be considered.
2.It is your option
3.Yes.you can
4.With the envelope received by you you can prove it.
5.yes.
6.Very bad.
7.You can do it by enquring with the office of PIO
8.Must be inquired and found out.
R.Ramachandran
(Expert) 31 October 2010
My answers to your queries are as under:
1. Whether my First appeal that has been made on 19th Aug will be considered or not. Though I have documentary evidence of posting.
Ans: Your first appeal will be considered, and will be disposed of by stating that the reply has been sent to you (at best the FAA would also attach a copy of the reply provided by the PIO).
2. Whether I will have to file second appeal once again as I am not satisfied with the reply sent by the concerned official.
Ans: No, if you are not satisfied with the reply, you can prefer only the first appeal - since what you appealed earlier is seeking a reply not objecting / venting any grievance against the reply.
3. Should I make complaint to CIC.
Ans: It is not required at this stage.
4. How can I prove that the information that I received actually on 31st Aug 2009.
Ans: If you are interested in the reply, the delay is immaterial. We should not loose the woods for the trees.
5. The PIO has sent reply on OIGS envelope. Whether we should make the enquiry of posting of that letter with evidence.
Ans: You can undertake this exercise,it would lead you no where and it would be sheer wastage of time and energy and ultimately you would gain nothing out of it except fretting and fuming.
6. Our postal department is also funny. It does not put stamp.
Ans: First one cannot say that the mail was put through the postal department. Secondly, even if it was put, at times the stamping gets missed out due to sheer monotony of the operation.
7. Now the point is the proof of delivery.
Ans: My reply to question 4 above holds goods for this query as well.
8. What will be the intention of the CPIO to send reply after due date and putting back date on the replied letter.
Ans: At this point of time, no one can say with certainty that the reply was back dated. In any case, no one has the ability to enter into the mind of the CPIO to find out what was his intention. In any case, if at all the reply was back dated, the obvious inference would be that he did so in order to avoid action when appeal is filed.
I am not holding any brief for anyone. But sincere advice would be: (a) After great struggle the people of India have succeeded in making the Government of the day relent and to enact the Right to Information Act. It is a very good tool in the hands of the people. (2) Let us use it in a very effective manner. (3) Let us not unnecessarily concentrate on trivialities but focus on real issues.
