Govt office refuses to accept registered a.d. envelope
Sultan
(Querist) 29 August 2012
This query is : Resolved
Govt office refuses to accept Registered A.D. Envelope
1. Applied to tehsildar office under RTI Act 2005
2. The address was proper etc.
3. Postal dept have marked on it in red ink, refusal to aacept.
4. I have applied under section 19 (3) RTI Act 2005.
5. What other option are there to make complaint.
6. This act amountts to refusal of service by government employee/office.
7. Order V Rule 9 of CPC refers to service of summons. The said provision reads as follows:
"9. Delivery of summons by Court
(5) When an acknowledgement or any other receipt purporting to be signed by the defendant or his agent is received by the Court or postal article containing the summons is received back by the Court with an endorsement purporting to have been made by a postal employee or by any person authorized by the courier service to the effect that the defendant or his agent had refused to take delivery of the postal article containing the summons or had refused to accept the summons by any other means specified in sub-rule (3) when tendered or transmitted to him, the Court issuing the summons shall declare that the summons had been duly served on the defendant:
Guest
(Expert) 29 August 2012
It seems you have confused your own query by mixing up your statement with the instance of refusal to accept your RTI application by Tehsildar and then by citing the Order V, Rule 9 about delivery of summons. So, it is not clear whether you want solution for your RTI case or the court case?
You have also not given any background of the case as to whom and for what you want to make your complaint?
So, first of all you should make your point very clear about what you really want to ask citing the background of the case.
venkatesh Rao
(Expert) 29 August 2012
to be more simple, refusal amounts to service prima facie.
Sudhir Kumar, Advocate
(Expert) 29 August 2012
But in case of RTI requrest refusal to accept, besides being service, also amounts of violation of RT Act.
Sultan
(Querist) 30 August 2012
Mr. Dhingra
I need solution for RTI case
I want to make complain against officer/ office who refused my regd A.D.
Guest
(Expert) 30 August 2012
You can represent to the appellate authority of the concerned department as declared by the department. If still not satisfied even after the action by the appellate authority, you can approach to the Information Commissioner of the concerned State.
Sudhir Kumar, Advocate
(Expert) 30 August 2012
Non-acceptnce of RTI requesst if violation of the act and you can approach SIC.
I belive someone moved to CIC against MCD and succesded.
venkatesh Rao
(Expert) 30 August 2012
since contents unknown, it is never a violation of RTI; muchless under any other law.
Sudhir Kumar, Advocate
(Expert) 31 August 2012
It is refusal to accept RTI application evenif theenvelop does not say so.
venkatesh Rao
(Expert) 31 August 2012
How on the earth can one know that the content is an application under RTI?
Sultan
(Querist) 05 September 2012
Mr Rao, The Address on envelope was written as , in first line ( Public Information officer under RTI Act 2005 )
Sudhir Kumar, Advocate
(Expert) 05 September 2012
Whether envelop is close dor not every public office is expected to make arrangements to received RTI applications. There are instances of refusal across the counter.
The matter is violation of RTI Act.
venkatesh Rao
(Expert) 05 September 2012
Govt office refuses to accept Registered A.D. Envelope
1. Applied to tehsildar office under RTI Act 2005
2. The address was proper etc.
3. Postal dept have marked on it in red ink, refusal to aacept.
4. I have applied under section 19 (3) RTI Act 2005.
5. What other option are there to make complaint.
6. This act amountts to refusal of service by government employee/office.
7. Order V Rule 9 of CPC refers to service of summons. The said provision reads as follows:
"9. Delivery of summons by Court
(5) When an acknowledgement or any other receipt purporting to be signed by the defendant or his agent is received by the Court or postal article containing the summons is received back by the Court with an endorsement purporting to have been made by a postal employee or by any person authorized by the courier service to the effect that the defendant or his agent had refused to take delivery of the postal article containing the summons or had refused to accept the summons by any other means specified in sub-rule (3) when tendered or transmitted to him, the Court issuing the summons shall declare that the summons had been duly served on the defendant:
Sudhir sir,
Pl. go through the above query and show a single word/phrase which at least remotely suggest that the envelope was containing address as"public information officer" or there was such superscription any over "on the envelope" What is apparent and clear on the face cannot be denied. I still wonder how did you assume and presume that the contents of the envelope was something under RTI act.
venkatesh Rao
(Expert) 05 September 2012
Whether envelop is close dor not every public office is expected to make arrangements to received RTI applications. There are instances of refusal across the counter.
The matter is violation of RTI Act.
Ans: I do agree that a public office cannot and should not refuse any kind of letters. If it is a fact that the public officer did refuse, he is liable and answerable but not under RTI straightaway.
Sudhir Kumar, Advocate
(Expert) 06 September 2012
I do not have the detials in one case where RTI application was refused and applicant was asked to come next date as PIO being on leave, the CIC took action against said clerk.
If this is taken as a deemed service appeal can be made to the the Appellate Authroity and then to CICSIC on refusal of information.
In this case the authority can be just brought before CIC/SIC as simply they have refused to accept the request.
