Nirmal Joseph (Medical Practice) 18 August 2009

Comment required on this RTI application

Dear Members

Following is a RTI application I prepared. Please help me by giving your comment.

Ref. No: xxxxxxxxxxxxxxxx
APPLICATION U/S. 6(1) FOR SEEKING INFORMATION UNDER THE
RIGHTS TO INFORMATION ACT, 2005
(TAMIL NADU GOVERNMENT)

From
xxxxxxxxxxxxxxxxx,

To
The Public Information Officer,
xxxxxxxxxxxxxxxxxxxxxxxx,

Sir,

Sub:
U/s 6(1) of RTI Act, 2005 certain information are required regarding the noting found in the photocopy received from you as enclosure along with Roc.No.xxxxx/2008/TPI dated 07.07.2009 pertaining to Mr. xxxxxxxxxxxx.

Regarding the construction of the commercial/public building in the Re-Survey number xx/75-1B, xxxxxxxxx Municipality by the person in the subject matter, the xxxxxxxxxxx Municipality has supplied various information under the RTI Act, 2005 in its letters on different days which contain certain contradictory, incomplete, misleading, false and incorrect details and information. The responsible public officers have probably forgotten the sections 36, 37, 108, 119, 166, 167, 176, 177, 182, 201, 202, 203, 204, 218, 219, 463, 464, 465, 466, 469, 471 and 503 of IPC too. This situation necessitated to get the following information pertaining to the above matter U/s 6(1) of RTI Act, 2005. In this application the word “document” has the same meaning as in section 29 of IPC.

1. I understand that the person in the subject matter had applied before the xxxxxxxxxxxxx municipality with a plan for approval some time around 20.04.2009. Is that true?

2. Please provide the certified copies of the following, which are mentioned in the document of the subject matter, with all noting found on it on all pages as on today (the day of dispatch of this information):

a) The Plan
b) The Application and other connected papers submitted along with the plan.
c) All documents whether past or current pertaining to the subject matter sent to any other/superior public authority.
d) All documents whether past or current pertaining to the subject matter received from any other/superior public authority.
e) All documents pertaining to the subject matter sent or returned to the person in the subject matter.
f) All documents pertaining to the subject matter received from the person in the subject matter.
g) All file noting regarding the subject matter.

The information sought for is required to be supplied in printed form.

Chennai Signed

17.08.2009

Reply Follow

12 Replies

Mrs. Hetal Sunil Shah (Advocate) 18 August 2009

nice draft. no comments are all good comments.

aruntrivedi (lawyer) 18 August 2009

very nice draft. It is as given under RI Act.

M. PIRAVI PERUMAL (Advocate & Consumer Rights) 18 August 2009

Its okay, but dont forget to affix the fee.

Anil Agrawal (Retired) 23 August 2009

Send two copies, keep record and follow up.

Nirmal Joseph (Medical Practice) 25 August 2009

Thanks to every one!

Mahesh V.P. (Advocate) 31 August 2009

Kindly affix Rs.10/- court fee stamp and add the following:-

I have affixed court fee stamp of Rs.10/- on this application towards the fee payable vide G.O.Ms.72 Dt.20/3/2007. I shall pay the required fee for copies/printouts upon intimation.

Nirmal Joseph (Medical Practice) 26 September 2009

All of you appreciated my above sited RTI application.

Thanks to each one of you.

But surprisingly the PIO refused to provide information saying that, since the Information requested relates to personal information the disclosure of which has no relationship to any public activity or interest, which would cause unwarranted invasion of the privacy of the individual as in Section 8 (1) j of RTI Act 2005, he could not provide this information.

But Section 8 (1) j reads as follows:

“information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.”

Kindly provide your valuable suggestions for further action.

Anil Agrawal (Retired) 26 September 2009

Please file an appeal. There is no alternative. PIO has the authority to accede to your request or deny the information. Then? Go in for appeal. Send copies of correspondence along with the appeal affixing 20 rupee court fee stamps by regd post A.D. or hand deliver whichever is convenient to you. PIO must have written who the first appellate authority is. If not, send five copies of your application, five copies of PIO's reply to Mr. Suresh V. Joshi, Information Commissioner, 13th Floor, New Administrative Bldg., Opp: Mantralaya, Madam Cama Road, Mumbai-400 021 and write in CAPITAL LETTERS that you are making the appeal direct to SIC as PIO has not given details of the first appellate authority.

Now, wait for 2 or more years. If nothing happens, forget all about it. That is our law.

Adinath@Avinash Patil (advocate) 27 September 2009

YOur drafdt is excellant ,Go a head file application. Best luck.

Anil Agrawal (Retired) 27 September 2009

I beg to disabuse the minds of RTI enthusiasts. On 10/8/2009, Maharashtra Government issued a circular to all the PIOs and Appellate Authorities to implement RTI Act failing which action will be taken.

Why this circular was issued? The State Information Commissioner wrote on 24/2/2009 wrote a 6 page long letter to Mr. Johny Joseph, Chief Secretary, lamenting that no body bothers to implement the RTI Act. Dutifully, government routinely issued the circular. It is the job of government to go on issuing circulars and it is the job of officers to continue ignoring them.

You can view the circular/letter. Please download the file.

Attached File : 4 timebound-rti action-maha.pdf downloaded: 162 times

Anil Agrawal (Retired) 27 September 2009

I should add:

Out of 18 applications that I moved, I have received incomplete information in 4 of them. In 14 cases, PIO has not responded at all. In 6 cases, the appellate authority has sent me notice of hearing 8 days after the date of hearing. Even after the hearing is over, he has not cared to send me the order passed by him.

I filed second appeals in 8 cases. In 4 of them, they were returned even without reading the appeals. The Commission wants me to send copies of replies of PIOs and Appellate Authorities when none exists. It is a cyclostyled format for returning the applications. Finding that replies and orders of appellate authorities have not been attached, they simply return the applications mechanically.

Any more proof of RTI being consigned to dustbin of history. The bravado is over.