Sunday, January 9, 2011

COMPLAINT AGAINST PIO FOR refusing bluntly and categorically

BEFORE THE HON'BLE INFORMATION COMISSION:CITY

Between:


NAME
Address:
                                                                         ….Complaint

AND;

PIO-1
Address:
                                                                        ....Respondent 1

PIO-2
Address:
                                                                        ....Respondent 2

FAA
Address:
                                                                        ....Respondent 3



                            COMPLAINT FILED U/S 18(1)(B) & (C) OF RTI ACT – 2005


I.   INDEX of DOCUMENTS(ENCLOSED)

1). My RTI Application dated ??/??/?? u/s 6                           ......Exhibit A
2) Speed/Regd post Article                                                     ......Exhibit B
2). The PIO response letter No ?????? , dated ??/??/??          ......Exhibit C
3). My First Appeal dated ??/??/??     u/s 19(1)                      ......Exhibit D
4). PIO Response from other Public
Authority (Respondent) letter dated 30/12/10                         ......Exhibit E


II.   FACTS
The Appellant who needed some information forwaded the application to the other rmation from the First Public Authourity filed and application (Exhibit - A). The First PIO duly forwarded the application to the other Public Authourity(Respondent) by marking a copy to the appellant(Ex -B) with directions to contact them. After due compliance, there was no response from the other Public Authourities, thus resulting in the First Appeal (Ex- C).  Consequently, the other Public Authourity  u/s 6(3) that is (Respondent) through a letter(Ex- D) but refused to give access to the information as asked bluntly and categorically.  He also arrogated to himself and his organization in all the waivers exemptions and immunities provided in RTI Act with a view as to justify his non-disclosure. Hence this complaint.


III.   PRAYER - RELIEF SOUGHT
1). To issue directions for disclosure of information asked.
2). To defray the cost and consequential damages entailed.
3). To levy penalties & violation of RTI provisions as provided u/s 20 of RTI ACT.


IV.   GROUNDS FOR PRAYER - RELIEF SOUGHT
1). The Respondent, despite being declared a Public Authourity by concerned Regulatory body has repudiated his obligation and mis informed about his status.            

2). The Respondent, has wrongfully setaside my application for the reasons that it contained “a questionnaire” without any application of mind.

3). The Respondent, has brought a dispute of Public Interest into the issue which is totally out of context and against the Law.

4). The Respondent, without any basis for justification declared Organisation as immune to RTI Law.
         
5). In the same breadth, he claimed exemption provided by RTI law without any basis or clarifications.

6). The Respondent, failed to appraise appellant about the onward appellate procedures and processes as provided required u/s 7(8) (III)

7). The repudiation of obligation & denial of information or unreasonable, willfull &  malafide and hence attract the penal provisions of RTI Law notwithstanding the comprehense.


SELF VERIFICATION

I, XX XXXXX, S/o A A AAAA, hereby affirm and state that, the facts and circumstances mentioned herein are true to the best of my knowledge and belief.



Place: CITY/TOWN                                                            NAME
Date:dd/mm/year                                                            COMPLAINANT



Copy  To: 1) PIO- 1
                 2) PIO- 2
                 3) FAA

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