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Q.Incomplete information provided by CPIO and rejection by CIC

Q. Incomplete information provided by CPIO and rejection by CIC

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Anonymous

posted 1 week ago

1. I applied for information from Airforce.
2. CPIO provided incomplete information.
3. I appealed to first appellate authority.
4. He gave the speaking order to CPIO.
5. CPIO provided the information which was again incomplete.
6. I requested the first appellate authority again for the same but he rejected and told to appeal to CIC.
7. I appealed to CIC but he is returning my appeal , stating time bar even when I appealed within 15 days of letter received from first appellate authority rejected letter.
Please guide.

Showing 3 of 3 Responses

A. Dear Sir,
You may receive appeal from CIC with endorsement then approach High Court for getting justice.

For full procedure contact me on mobile through Vidhikarya.

Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 week ago

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A. Dear Sir/Madam,
You need to follow the steps as per the Act.
Secondly, you can not question the veracity of truth in the information provided/quality of information.
I feel there is a gap between First Appellate Authority and CIC.
Best option for you is to re do the exercise again with some modification and get the relevant information of your use and discard the rest.
In case of clarity and help get in touch with some organisation close to your area/locality.
Shanti Ranjan Behera
Advocate

Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 1 week ago

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Anonymous

Replied 1 week ago

Dear sir
FAA issued a speaking order to CPIO to provide the information but CPIO provided incomplete information.
for example ...i asked- no of coaches available , their level of representation and no of years in coaching.
Reply was 07 coaches available.

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Shanti Ranjan Behera

Experience: 22 Year(s)

Replied 1 week ago

Dear Mr.Upadhyay,
You just follow what has been suggested by our Learned friend Mr. Shreyash Mohta.
Hope that will work.
Shanti Ranjan Behera
Advocate

Reply

A. It is the responsibility of the Central Public Information Officer (CPIO) of a public authority to supply correct and complete information within the specified time to any person seeking information under the RTI Act, 2005. There are possibilities that a CPIO may not act as per provisions of the Act or an applicant may not otherwise be satisfied with the decision of the CPIO. The Act contains provision of two appeals to tide over such situations. The first appeal lies within the public authority itself which is made to an officer designated as the First Appellate Authority by the concerned public authority. The first Appellate Authority happens to be an officer senior in rank to the CPIO. The second appeal lies with the Central Information Commission. The procedure for deciding appeals by the Commission.

The Commission has decided to issue the following guidelines for registration of Second Appeal as prescribed under Rule 8 and 9 of the RTI Rules, 2012:

Mandatory documents required for registration of Second Appeal :
The second Appeal duly signed and addressed to the Commission
Copy of the RTI application submitted to the Central Public Information Officer
Copy of the first appeal made to the First Appellate Authority
RTI, First Appeal and Second Appeal shall be related to each other
Above three documents must be legible
Above three documents must be in Hindi /English or a translated version in Hindi/ English should be provided

Other Mandatory documents required for proper presentation of Second Appeal, if available
Copy of reply received from the CPIO
Copy of the order received from the First Appellate Authority
Copies of other documents relied upon by the appellant and referred to in his appeal
An index of the documents
All the documents shall be duly authenticated and verified by the Appellant

The mandatory time period for filing the Second Appeal:
The Second Appeal can be filed after forty –five days after filing of First appeal or immediately after First Appellate Authority decision
The Second Appeal must be filed within 90 days from the date on which the First Appellate Authority decision was actually received by the Appellant or within ninety days after expiry of 45 days of filing of First Appeal in cases where no reply has been received
Condonation of Delay: If Second Appeal is filed after 90 days from the date on which first Appellate Authority’s decision was received by the appellant , the Commission may admit the Second Appeal if is satisfied that the appellant was prevented by sufficient cause from filing the Second Appeal in time.

Additional guidelines for speedier disposal of the case
Provide background statement of the matter
Provide details of information sought, information not provided and reasons of dissatisfaction along with specific grounds for second appeal followed by specific prayer
If compensation is sought , the second appeal shall contain specific grounds for seeking compensation and details of detriment suffered because of not getting the information.
Provide a copy of order of CIC ,if any ,against the same public authority on the similar issue raised in the second appeal
Provide a copy of proof of furnishing copy of second appeal to the public authority.

Shreyash Mohta

Experience: 1 Year(s)

Responded 1 week ago

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Anonymous

Replied 1 week ago

CIC has returned my case two times stating time lapse even when I am not at fault..
If CIC is not addressing the issue, then what to do

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Shreyash Mohta

Experience: 1 Year(s)

Replied 1 week ago

Can I go to court against an RTI application not properly replied by a government department, without going for appeal in the same department, as the appeal doesn't help?
Hi there,
Thanks for A2A. So sorry to know about the unexpected behavior of Govt employee but anyhow I'm here with a solution & lesson for him.

As per RTI Act you can directly approach CIC means Cheif Information Commissioner if the PIO has provided the wrong information to you. But that too have be done in 30 days of final reply.

All you have to do is file a complaint in website & along with scanned copy of response. Then send the RTI application & the response through registered post as well.
And, I'm damn sure CIC will teach that employee a lesson.

And also go through the website particularly the RTI Download page to download free RTI TEMPLATES.

PS - Thanks for exercising your Right to Information.
888 Views · · Answer requested by
Disclaimer: This answer does not constitute legal advice of any nature.

Point -1
You may approach the courts whenever any Act of the Parliament of India is not being complied with.

Point-2
The court will most likely ask you to follow "due-process" before approaching the court.
So you will have to exhaust your first appeal and second appeal in any case.

Point-3
Most RTI Applications are motivated by the intent of putting pressure on a particular government office/official ( for the purpose of getting some work done) rather than simply asking for a particular piece of information. If that is what you want , then there are other ways to achieve that. You may share some information regarding the specifics of our RTI query. I would be happy to help.
657 Views · · · Answer requested by
NO,

Please read following section of RTI Act, 2005:

Section 23: No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act."

This section clearly says that, you can't go to court without exhausting all remedies such as First Appeal and Second Appeal under RTI Act.

But also it states that no matter shall be entertained in a court of law against any order given by the authorities of the RTI to any court except by way of appeal prescribed in the act itself.

You can definitely approach the court seeking remedy that your rights have been infringed but it is on the discretion of the court whether it will entertain such application or not.

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