Upgrad LLM

about rti


Sir,I have given a RTI application to C.I.O Andhra Bank seeking information regarding some loan details.The C.I.O sent me a reply letter pointing out that I have not signed on such application and send it by duly signed.After I sent it by signing duly, the C.I.O again sent me a reply letter pointing out that I have not attached an ID proof to my application instead of asking those sign and ID proofs at once.How can I proceed legally on such C.I.O on the ground of intentionally delaying/negligency in response/insulting applicant.
 
Reply   
 
Retired employee.

First learn fundamentals of simple RTI Act and the process involved.

When you have not cared to sign an application, and enclosed the RTI fee, CPIO is not bound to even respond as your application is not proper under RTI Act.

CPIO is not supposed to ask for any identity proof in normal circumstances, but you have given scope for such suspicions by not signing the application and not sending RTI fee .

You can not proceed legally on CPIO as the proceedings are all as per RTI Act and remedy should also be under RTI Act as stated.

Remember, the information has not been denied by CPIO, and in view of the circumstances and maybe the information involved might have given him a caution to your RTI Application.

A citizen is only entitled to the information.  Open AB website, go through RTI process and seek information as per laid down procedure, and if you are not satisfied to go for the First Appeal to a superior officer to CPIO designated as First Appellate Authority stating such grounds for appeal.  If you are not satisfied even with FAA orders, you can go for the second appeal to the Central Information Commission.   The hearing may take place after two years.  Even after you are not satisfied with CIC decision you can go for Writ before High Court.

Your right is restricted to seeking information alone, and not to  any other remedy..   

 
Reply   
 


Retired employee.

First learn fundamentals of simple RTI Act and the process involved.

When you have not cared to sign an application, and enclosed the RTI fee, CPIO is not bound to even respond as your application is not proper under RTI Act.

CPIO is not supposed to ask for any identity proof in normal circumstances, but you have given scope for such suspicions by not signing the application and not sending RTI fee .

You can not proceed legally on CPIO as the proceedings are all as per RTI Act and remedy should also be under RTI Act as stated.

Remember, the information has not been denied by CPIO, and in view of the circumstances and maybe the information involved might have given him a caution to your RTI Application.

A citizen is only entitled to the information.  Open AB website, go through RTI process and seek information as per laid down procedure, and if you are not satisfied to go for the First Appeal to a superior officer to CPIO designated as First Appellate Authority stating such grounds for appeal.  If you are not satisfied even with FAA orders, you can go for the second appeal to the Central Information Commission.   The hearing may take place after two years.  Even after you are not satisfied with CIC decision you can go for Writ before High Court.

Your right is restricted to seeking information alone, and not to  any other remedy..   

 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

Mr.Ashok,

It is your duty to submit the application along with prooved documents copies to the concern authorities. Fill up the application carefullly after reading clear instructions on the application form or back side printed on such forms. So that authorities will process at the earliest. You have to respond for their queries and submit. Very simple. 

 
Reply   
 
Retired employee.

RTI Act prescribed no such formats and PIOs should not demand any documents unless the circumstances give suspicion.  A public authority or state Government may prescribe a format, and in the case of Central Government, there is no prescribed format.  A simple format is given below and it is sufficient.  A citizen can only seek such information available on record in custody of the authority that is not exempted under RTI.

 

Application dt..........seeking information under RTI Act

 

Before: CPIO,...............................................

Fee: Indian postal order No.....fvg.Accounts officer drawn on......for Rs.10/-

Applicant:

 

The subject on which  information is solicited::

 

Information solicited:

1. Please provide me

 

 

Applicant.

 
Reply   
 

Thank you very much sir.The information is very useful for me and for all..Thank you
 
Reply   
 
Scientist/Engineer

RTI Act is to confer the right on citizens for information on matters of public interest. Before RTI was enacted the authorities could withhold or ignore your application stating that the matter did not concern you.  You have asked the bank for loan details. What loan details did you ask for? Was it regarding a loan, which you have already taken or which you wish to take? If so the matter is not just of public interest, but is a matter of interest to you as a customer or as a prospective customer. If the bank doesn't co-operate you should complain either to the banking ombudsman or the consumer forum. You just write to the bank that you will complain to the ombudsman. The bank officer will come to your place and knock on your door. But if you are so careless as not to sign your letters no one can help you.

 
Reply   
 
Retired employee.

With due respects to Dr.MPS Ramani, the remedies if any on RTI is only as per RTI Act alone as per Sec.23.  There is no such right restricted to Information on matters of public interest alone, the only exemptions are under Sec.8 (1) only.  Involvement of public interest is never a reason for denial as per full bench CIC decision.  Ombudsman can not accept any complaint on RTI, and there should be separate process other than RTI for CP Act and Ombudsman, if the complaint is a consumer.

 
Reply   
 
Scientist/Engineer

I was careful not  to say that information not of public interest will not be entertained under RTI Act.  For matters of specific interest to a person RTI is very weak. The remedy under RTI is limited to first appeal and second appeal. The second appeal will be to an officer who will have no authority over the PIO. Further your right is limited to getting the information only. After you receive the information, if you find that you have been wronged, you have no remedy under RTI. You have to take resort to other means. On the other hand banks are afraid of Ombudsman. Why Ombudsman, even if you write to the superior authority over the PIO, it will have effect. For instance, if you have a complaint against the branch office of the bank, you write to the Head Office.

 
Reply   
 
Retired employee.

With due respects, to my knowledge.

1.For matters of specific interest to a person RTI is very weak.

No specific such personal or public, the only thing is that information must be available in material form as a record and there should be no exemption in Sec. 8 (1) .

 

2.The second appeal will be to an officer who will have no authority over the PIO.

The Information commissioner is having all such powers to direct PIO to provide information, imposing penalty and for recommendation for disciplinary action and his powers are equivalent to District Judge in summoning, inspection of records etc.,

3.On the other hand banks are afraid of Ombudsman

Is not true always.  Even Ombudsman is partial to Bankers and most of the decisions always favour banker.

4.Why Ombudsman, even if you write to the superior authority over the PIO, it will have effect. For instance, if you have a complaint against the branch office of the bank, you write to the Head Office.

PIO is not relevant to Ombudsman.  PIO designated answerable to FAA or IC alone.  Most of the bankers do not take any decision, and they religiously refer even simple matters to next superior and like to perform the duty of a post office.  When Bank takes a stand, it is only either CP Act or Banking Ombudsman can only help the unfortunate customer.  On the other hand, Bankers always not kind to complaints and they enter into the shell and it is difficult to obtain any such favour (?) from banker. Birds of the same feather always flock together.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x