Second Appeal 4 deemed refusal

                              BEFORE THE HON'BLE INFORMATION COMISSION: CITY



Appellant
Address:                                                                                           ...…Appellant

                                                                    -AND-


Public Information Officer  - RTI
Addrress                                                                                    .....PIO-Respondent  1



First Appellate Authourity
Adrress                                                                                     ......FAA-Respondent  2


                                   SECOND APPEAL U/s 19(3) OF RTI ACT – 2005


I.   INDEX of DOCUMENTS (ENCLOSED)
1). My RTI Application dated   file U/s 6 of RTI             ...Exhibit A
2). My First Appeal dated    file U/s 19(1) of RTI             ...Exhibit B


II.   FACTS OF THE CASE
An application was filed seeking some information (Ex – A). Faced with the refusal to divulge the said information and it is a deemed refusal on the part of the PIO. A First Appeal was filed (Ex – B).. The First Appeal Authourity, too, refused the access to information. Hence this Appeal.


III.   PRAYER - RELIEF SOUGHT
1). To issue directions for disclosure of information asked, free of cost.
2). To defray costs and consequential damages entailed, as provided U/s 19(8)b of RTI
3). To levy penalties and punishment for violation of RTI as provided U/s 20 of RTI
4). In addition to above, please pass orders as held in para 10 of 3rd  Adjunct Appeal No.
CIC/WB/A/2008/00956 dated Dated 2nd June ‘ 2009, wherein CIC stated that “directions given by this commission U/s 19(8) R/W Section 19(7) are binding under law. By their conduct, they have therefore committed offences punishable U/s 166, 187 & 188 of 1PC”.


IV.   GROUNDS FOR PRAYER - RELIEF SOUGHT
1). The PIO, did not respond to my application within or beyond the stipulated time limit, as
       provided U/s 7(1) of RTI Act.
2). In view of the above, as well as his failure to give any decision/disposal on my application
      and it is a deemed refusal on his part as provided U/s 7(2) of RTI Act.
3). The PIO, did not refund the application fee in terms of section U/s 7(6) of RTI Act. 
4). Despite, giving more time than necessary, no cognizance was taken by the PIO.
5). The FAA, failed to rectify the breach and anomaly of the PIO.
6). Further, FAA did not respond to my appeal being an Appellate Authourity
7). The denial-order by the PIO and FAA is unreasonable, wilfull and mala fide and hence
     attracts the penal provisions under RTI Law.


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



Place:                                                                                                           Sd/-
Date:                                                                                                      APPELLANT

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

COMPLAINT TO INFORMATION COMMISSION AGAINST PIO FOR DEEMED REFUSAL

BEFORE THE HON'BLE INFORMATION COMISSION:CITY

Between:


NAME
Address:

                                                                              ……Complaint


-A N D-                                                                
                  
SPIO
Address:                                                                  ....Respondent


                      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 receipt                                            .......Exhibit B



II.   FACTS
An application was filed seeking some information (Ex – A) faced with the refusal to divulge the said information and it is a deemed refusal on the part of the PIO.  Hence this complaint   



III.   PRAYER - RELIEF SOUGHT
1). Access to information as requested
2). To defray the costs 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 PIO refused to furnish the information.
2.      The PIO did not respond to my application within or beyond the stipulated time limit,
         as required u/s 7(1)
3.      Application fee was not refunded as provided u/s 7(6). 
4.      The instant refusal is unreasonable, willfull &  malafide and hence attract the penal provisions
         under RTI Law


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                                                                              Sd/-                                              Date:dd/mm/year                                                                                NAME


Copy  To: 1) Respondent-PIO
                 2) FAA




Complaint agasint PIO, Complaint for deemed refusal, Complaint for no response by PIO,
Complaint under section 18(1) to information commission

COMPLAINT agasint PIO for misleading information

BEFORE THE HON'BLE INFORMATION COMISSION: CITY

Between:

Complainant
Address:
City/town                                                                           ...…Complainant


PIO
O/o: Respondent 1
City/town                                                                               .....Respondent 1

PIO
O/o: Respondent 2
City/town                                                                               .....Respondent 2



COMPLAINT FILED U/S 18 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
3). The PIO response u/s 6(3)                         ……Exhibit C
3). The PIO Response from other Public Authority (Respondent 2)
Lr. No. RTI/E.O-1/2010, dated 20/12/10                     ...…Exhibit C


II.   FACTS
The Complainant who needed some information from the first respondent filed an application (Exhibit - A). The PIO-first respondent, forwarded the application u/s 6(3) to PIO-second respondent (Ex - B).  The PIO of second respondent furnished her responses through her reply letter (Ex - C) to the 10 queries raised. Some of the PIO’s responses indicate that PIO is the wrong address/custodian of the information asked as such, apparently sec 6(3) referral is a mis-direction to a wrong destination some other responses are clearly false and misleading. Hence this complaint.


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



IV.   GROUNDS FOR PRAYER - RELIEF SOUGHT
1). The PIO-first respondent is the principal custodian of the records pertaining to the information asked[he being the chairperson of the committee.] However, PIO passed the buck to other Public Authourity who declared that he held no information for most of the questions asked, namely questions ??????

2). The PIO-second respondent furnished false and misleading information to
questions ??????, by giving irrelevant, unrelated and unsolicited information.

3). The two Public Authourities indulged in a game of buck passing instead of displaying any due diligence for compliance.

4). The response from both Public Authouriteis displaying gross ignorance about the information as asked.
5). To cover up their ignorance and opacity they restored to buck passing and  pillar-to-post referrals.

6). Both the functionaries failed to apprise the complainant about the onward appellate procedures and processes as provided required u/s 7(8) (ii) and (iii).



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                                                                     X XX XXXXX
Date:                                                                               COMPLAINANT


Copy  To: Respondent 1 PIO
                Respondent 2 PIO

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