Sir,
1. I have filed a R.T.I application before PIO of one of the municipalities here in the state of Kerala. That the Municipality as per their administrative convenience appointed as much as PIOs as per their requirements in units and sections. That the said application is initially presented before the Municipality PIO, who is a, P.A.to the Secretary of Municipality. That, the said PIO referred the application to another APIO who looks after one of units or section of Municipality.
2. Hence wish to explain some of the relevant facts of the RTI Application in which information is sought after; I have strong anticipation as a result of the particular circumstances of the issue in which that this application may be disposed off, it could be a reply of any sort of form, i.e. incorrect information, falls information, misleading information or rejection of application under any of reasons due to peculiar and a complex situations. Facts are as below;
3. That I have filed a complaint against a Health Inspector of a Municipality for not sanctioning a D&O license application (shop license) That the Health Inspector bent up on to reject my application for reasons best known to him, in spite of submission of all due relevant documents.
4. That I have later approached Higher authority i.e. Health Supervisor of the department and made a written complaint against the subordinate officer but all in vain with number of reminder on the complaint. Later I have brought the matter before the Chief of the Municipality i.e. the Secretary of Municipality, but no actions were taken on my complaints. In the meanwhile Health Supervisor sanctioned the said license.
5. That having gone through the trauma along with all other affliction that I have decided to seek information about those complaints and actions by forwarding a petition under the RTI, seeking substantial information, precisely 56 questions which are in the form of seeking information based on records available with the Municipality, which includes mandatory assets disclosure of all these three officials including the Secretary who is a Gazetted Officer class B group.
6. That the issue is that the RTI application contains various demands of information against all these officers, which includes my complaints against Health Inspector first and number of information sought based on submission of relevant documents apart from mandatory disclosure of all these three officers assets and their family and many more. Hence the PIO being P.A to Secretary of Municipality would be quite hesitant to disclose all this number of questions, apart from that PIO referred the said application to APIO who is Health Inspector against whom this complaint were lodged or this APIO could be Health Supervisor against whom similar complaint was lodged. Therefore there is good amount of possibility that the application of my RTI would face good amount of bureaucratic tactics in respect of disclosure.
7. Hence I wish to know what is best way to bring the true and fair information out of this chaos. Do I need to write an intimation letter to the PIO of the Municipality that the application sought many information which includes Secretary of the Municipality, in which Secretary is an Appellate Authority, hence remanding the application to APIO not only good in law due to official hierarchy issue included in the application but also bad in procedure apart from principals of law owing that the very own complaint was against the APIO himself, therefore I wish to know from your side that whether placing an intimation letter on record in this regards before the present PIO would yield any correct step requesting him to take back the application from the APIO and entrust with an officer who is above the level of the Municipal Secretary or hand it over to his appointing authority in order to deliver true and correct information. Else in the case of wrong information by the present PIO after an incorrect reply will have to add him as a forth official and fight before the second appellate authority, i.e. State Information Commission, which is loss of time and energy.
Therefore, humbly request you to guide me that what could be the best middle path in the interest of Justice at this initial point of time.
I am sorry for the lengthy descripttion.
Thanking you Sir.
