Guidance /help related to rti,act,2005
Deepak
(Querist) 26 September 2019
This query is : Resolved
Respected All date 26-09-2019
Good morning.
1]I had requested documents pertaining to preservation/retention period under RTI,Act,2005 vide application dated 17/12/2018. The Information Officer not provide complete documents.
2]Due no in-complete documents from the I.O. First Appeal filed on 10/02/2019, accordingly hearing in 1st Appeal was held on 14/04/2019 the hearing attended by I.O. I had requested to decide matter on the basis of submission made with 1st Appeal by me.
3]Due to no responses within 45 days from First Appellate Authority, second appeal was filed on 04/04/2019.
4]First Appellate Authority passed order-in-appeal and directed the Information Officer to make documents available to the application vide his order-in-appeal dated 14/05/2019.
5]I.O, not complied the order of his higher authority [i.e. FAA] till today. In this matter hearing in second appeal was fixed on 04/09/2019 by Hon'ble Information Commission , which was re-fixed on 23/09/2019.
6]Just before hearing date I. O. informed regarding non-availability of documents with his office i.e. after expiry of total 107 [14/5/2019 to 04/09/2019] days from the date of order-in-appeal passed by the FAA] During the hearing Commissioner not agreed wtih order of the FAA. now my query are,
(a) Can Information Commission revert the order of the First Appellate Authority ? if so, under which provisions/section of the RTI, Act,2005 ?
(b) What will be action from our side to get requested document?
Requested for valuable guidance and help.
Thanking you.
regards.
deepak
Isaac Gabriel
(Expert) 26 September 2019
You can stick on to the demand for the documen in question. It is the Information commission to decid the availability, anf if the public authority is at fault, penal provisions could be invoked for levying fine upto 25000.
P. Venu
(Expert) 26 September 2019
What do you mean by "preservation/retention period under RTI Act........"? What exactly was the information sought?
Deepak
(Querist) 27 September 2019
Respected Sir
Good morning.
Following information requested
Please inform the procedure related to issue of Vardi Notice, prescribed for the Talathi Saza i.e
a]whether records of all issued Vardi Notice, addressed to the various persons, have to maintained in his Office Record or not ? if not then please provide copy of provisions for not maintaing the records.
b]Period for maitaining the record of all issued vardi notice,
c]whether receipt [showing date of receipt] of vardi notice have to obtained from the receiving persons or not ?, if not then please provide copy of provisions for not obtaining receipt from the receiving person of the vardi notice.
d]whether issued all vardi notice, send/ handed over to the various persons, are made available to public, under R.T.I,Act,2005 ? if not please inform the section of RTI,Act,2005.
The first Appellate Authority[i.e. Senior office for the Information Officer] passed the order-in-appeal and directed the Information Officer to make information available to the Applicant.
Regards
Deepak.
Dr J C Vashista
(Expert) 28 September 2019
It would be better to consult a local prudent lawyer for appreciation of facts/documents, guidance and proceeding.
Sudhir Kumar, Advocate
(Expert) 28 September 2019
The information that you have asked, as seen above, is material information and RTI Act applies on the same.
PIO has to provide information. Given facts indicate that the time has not yet come to meet a lawyer.
Deepak
(Querist) 28 September 2019
MUMBAI,THE 28TH SEPTEMBER,2019
Respected S/Shri Isaac Gabriel/P.Venu/Sudhir Kumar & Dr.J.C.Vashista
Good evening
Thank for help and guidance.
Waiting for order-in-appeal from the I.Commission Office.
If order not get in my favour what will be the next steps ?
with warm regards
deepak
