RTI application returned saying third-party along with IPO?

 

I am sharing my RTI experiences may be helpful,I hope.

 

STRATEGIES TO DISARM RTI OFFICIALS/PIO

 

RTI officials are hell-bent on  evading/delaying answers of  RTI application.

 So here are some suggestions so that they may not get such chances.

 

Write in your RTI application that you are seeking info under RTI act 2005, otherwise they may say that the info was not sought under RTI Act and waste you 30 days (Believe me even the replies which they could be given in a single day would be given on 29^th/30^th day only).

 

If you feel that PIO may demand more money for photocopies etc. then always send two applications --one with Rs.10/- and one with more than Rs.10/- say Rs. 40/50/100/-because if you send  application with Rs.10/- only PIO would waste your 30 days and ask you to deposit Rs.20/30/40 /-- for photocopies etc. and  if you send more than Rs. 10/- PIO may return you application after 30 days asking you to send Rs.10/- only and giving some reason ( reasonable or unreasonable/legal or illegal) that more than Rs.10/- can not deposited with RTI application. Hence the suggestion of sending an application with Rs.10/- and another with more than Rs.10/-.

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If you are not 100% sure that to whom the postal order be addressed then send blank IPO but fill the column where sender’s name and address is to be written. Now postal clerk may resist that postal order be filled, explain him this clause, I assure you with my experience blank IPO can be received by PIOoffice. Why it should be done because if you send IPO in the name of someone whom you fill is the right person to whom the IPO is to be sent but according to PIO office that is not the right person,PIO will send back your RTI after 28 days asking you to send a fresh application with IPO’s in the name of right person. If you will send a blank IPO ,you may snatch a chance from PIO of delaying reply off your RTI..

 

Attach each and every relevant document with your RTI application but give the details of attachments in the application also.

 

If your RTI application consists of more than one page, get stamped receiving on each page separately by the counter clerk .Post office clerks do this easily but PIO office clerks don’t do this at all as per my experience so why not send one set of RTI through post office and another directly to the PIO office. Because the applications sent directly to the PIO office take 5 less days in getting replies than the applications sent through post offices. So to decrease 5 days approach PIO office directly but if you do not get proper receiving on each page of your application (as is expected) approach post office also. Use both options.

           

PIO's are in the habit of replying that record of the info sought is not available so to disarm them before handedly include these lines in the application written here below: ------------

 

            1. What is the retention period of record?

2. Under which rule the record has been destroyed, if it was?

 

3. If the record is untraceable, who are the Officials responsible for not maintaining it?

 

 

Also incorporate these two paragraphs to get better results: ----------

 

1. If you can not give the whole information demanded by me, please give a part of the information which can be given according to section10 the RTI Act 2005. Section 10 of the Act allows those part(s) of the record which are not exempt from disclosure and which can reasonably be severed from parts containing exempt information to be provided.

 

 

2. If the information sought by me can not be given to me please give me the certified copies of the laws/bylaws/order/circular etc. under which such information is forbidden to the public.

 

 

I have written whatsoever little mine experience is, plz. contribute to enlighten me and other readers also.

While sending blank Postal order include these lines in your RTI-application

I am not aware of the payee details. Kindly fill the appropriate details in IPO #                       worth Rs......./-(Rs.............. only) as it is the duty of PIO to provide reasonable assistance under 5 (3) of the RTI act to applicant.

Also include these lines to get answers of PIO more answerable

Whatsoever information you would provide me on paper, that paper should be duly signed and clearly stamped by some competent authority. If you use the backside of that paper for providing me the information, please get that side also duly signed and clearly stamped by some competent authority.

  

 

 

 

If you let us see the same copy of your application than only I can suggest properly.  I do not understand as to what is your needed information in that application.  So please post here the same copy of your application which was sent to PIO.  I will post here proper draft reply mentioning the related sections of RTI Act with interpretation of every relevant clause.

 

Dear Ram Samudre,

 

By all means you can see the RTI application, I had posted to PIO. Please see below, the typed version of the application sent. Basically, I had sent letters by registered post to a person staying at a particular address and he is denying receiving them, so I need the proof that they are delivered to him. It was after April, 2007, as I remember.

RTI application is:

---------------------------------------------------------------------------------------------------------

Sub:- Request for the supply of information under RTI act - 2005

Respected sir,

 

I am herewith enclosing IPO of value Rs.10 as the cost of supply of information under RTI act - 2005 with this application, the IPO No. XXXXXXXXXX. dated: XXXXXXXX in favor of "the accounts officer, postal department".

 

Please provide me the following information at the earliest to the address mentioned above (address of the applicant).

 

(1) Please provide me the list of all the registered, speed post or any other form of letters that were recorded by the postal department, delivered to the following address in a serial order from 01-04-2007 to till date.

 

              (Here I mentioned the address to which I had sent my letters previously)

(1a). for all the above listed letters delivered, please provide me the "date of delivery"; the "From address" and the "To address" of each of those letters.

(1b) please provide me, if there are any list of the letters that were not delivered by you and the "From address" and the "To address" of any such letters and the reasons recorded for non-delivery, if any.

(2) Please provide me the information on the procedure of dealing with those kinds of letters, which couldn't be delivered to the addresses.

 

           I believe that the above sought information pertains to a public activity, and as such the PIO is not restricted from providing this information. So, I request the PIO to provide me this information which is public information.

           If you feel that the requested information does not pertain to your department, then please follow the provisions of section 6(3) of RTI act - 2005 and transfer the application to the relevant PIO.

           The information shall be supplied free of charge in compliance of section 7(6) of RTI act - 2005 in case of delay.

           If the information sought by me can't be given, please give me the certified copies of the laws/bylaws/order/circular etc., under which such information is forbidden to the public.

          whatsoever information you provide me on paper, that paper should be duly signed and clearly stamped by some competent authority, if you use the backside of that paper for providing the information, please get that side also duly signed and clearly stamped by some competent authority.

 

   Please provide the requested copies in legible prints that can be clearly understood and comprehended. I am prepared to bear the cost of photocopy and any such other cost, as being directed by you. I request that the information sought may be provided at the earliest by post. The postal costs may be levied on me if sent via registered or speed post.

 

Also, please refer to the following references from RTI act - 2005:

 

(1) Section 8(1)(j), which reads "provided that the information which can't be denied to the parliament or a state legislature shall not be denied to any citizen".

(2) please follow the guide lines as per RTI act Gazette section 10 (1), wherever applicable.

 

place:                                                                                                                (NAME and signature)

date:

Enclosure:

(1) IPO with no. XXXXXXXX dated XXXXXXXXXX of value Rs. 10.

---------------------------------------------------------------------------------------------------------

 

To my application above, PIO rejected saying the following thing.

"PIO reply:

 

 

So sir, please now tell me, how can I counter this in my first appeal to provide me the information, also as you said, please tell me with sections to be mentioned in the first appeal.

 

I will be grateful for whatever the help you provide me.

Thank you sir,

Regards,

-Naresh. 

Please ask me if you need any more information to prepare the first appeal. Also, can you please comment is it better to file fresh application with a new postal order as he mentions in his reply.

My dear Naresh, please don't mind my words but the message inside.

 

Dear ! You have a sword I agreed. So to cut the nails & hairs will you ever use your sword ?  If so, your sword will injure hand of yourself and people will lough on you.

 

In your case, you have posted some letter by rigistered post to someone.  You have been given receipt by the post office.  Why the receipts were given by them ?  To ensure that they will deliver the dak and will register the same.  It is their duty to certify the post & delivery.

 

You have to simply write a letter with zerox copies of the receipt addressed to Post Master of the concerned post office and ask for certification as to when the letters have been delivered.  The post office is bonded to do it.  it is their duty underr conditions of registered post.

 

Please use the weapons as the last option and practice your normal strength as a citizen.

 

As regards, your application under RTI Act and reply from the PIO, you have you have thrown a fultoss ball and he has shotted a sixer.

 

Please avoid such insult of citizen's rights.

 

And, as ever, I am sorry if my words hurted you.

  

Dear Ram Samudre,

You have assumed that I have the receipts of the postal office, when I had sent them in 2007.  My Ex - lawyer had posted those letters, but now, he is saying he don't remember from which post office, he had sent, he is also saying he lost those receipts. Now, tell me how can I draft a letter and to which post office?

So, I have no other option, but to use RTI, to search for the letters delivered to that particular address.

 

Sir, also your statement "Please avoid such insult of citizen's rights" is discouraging to me. 

 

Now, could you please help me, how to draft first appeal.

 

-Naresh

Naresh, now the matter is becoming personal and I never like to encroach others personal zone. You are free to do as you wish. If you provide us incomplete information so anyone will assume like-wise. Now, what the facts are provided by you here, are just new for me and the matter is totally different. Ofcourse it is a third party information and I will say that it is not even a third party information if the addressee is not a public authority. Just imagine that I am the addressee in this case and if parliament ask from postal department the details of dak delivered on my address I will have objection. The parliament has no right to see inside my privacy as for as my status of a citizen is concerned. In this case you have to be very stretegic which I do not see in you, sorry to say the truth in my eyes. Eventhough I like to help you and suggest that you file another application for "I want to observation of records, available in computerised form as well as paper documents viz. registers, files etc. related with the delivery of registered post for the period from ---- up to the date of observation. I will submit my requirement of copies of the record after observation." All the best.