problem in RTI application : non mention of RTI act-2005

Professioanl Social worker

Dear All

 

recently I have filed an RTI application to a govt department. in RTI application, I have addressed to Public Information Officer and attached on IPO of 20/

 

but due to mistake I have forgot to mention application under Right to Information act-2005.

no where in application it was mention that information was sought under RTI act-2005.

 

now my query is:  in such condition, whether PIO can reject my application? or he will have to consider it under RTI act?

 

whether it is understood that addressed to PIO means sought information under RTI?

 

please reply my query.

 

Thanks and regards

 

Rajeev Kumar  

 
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Asst, Manager-Legal

Dear Mr.Rajeev Kumar, Your query is technically one, of course you might have forgotten to mention the Act which has sought the information but O.I. would not accept this reason if he is strict person. I thing by oversight you would have done it. However considering your application subject to the Information Officer discretion. He may or may not consider you application. It is my opinion view that 99% Information Officer has right to reject your application as incomplete in nature and he may send you the reply/counter letter to seek correct information on which Act you wanted the information. In normal Practice most of the officers won’t verify the same due to their busy schedule, some time in fluke incomplete application shall be accepted.
 
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FOUNDER-PRESIDENT DR. BABASAHEB AMBEDKAR DEMOCRATIC RIGHTS FORUM (DRF) - The Foundation for Social Justice and Constitutional awareness for trial of public service. (Ph.9322246333) drf.india@gmail.com

Dear Mr. Rajeev Kumar, even if you would have technically all right the public servants first search one pretext of the other to deny obeyance toward public service and here yourself have given a unexpected sweet dish to them so why they will not enjoy it?

 

In my view you immediately send another separate application.

 
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Eye Specialist

DEAR   RAJEEV,        PLEASE      SEND        A    SEPARATE          APPLICATION    TO   THE     PUBLIC    INFORMATION      OFFICER     OF    THE    CONCERNED    DEPARTMENT              MENTIONING         RTI   APPLICATION    U/S     6    OF   THE    RTI   ACT,  2005.    

 
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INCHARGE, LEGAL CELL

Dear Mr. Rajeev , I  do not agree with a view of my other friends.  In fact it is the duty of CPIO to guide and help in drafting the application.  you may go for appeal to next authority . It is duty of CPIO to inform you detail address of Authority to whom you may appeal.  RTI Act  give every citizen full right to know Hamara paisa hamara hisab,. There is no ground for CPIO to escap.

 
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Social Activist - Distt. President - Dr. Babasaheb Ambedkar Democratic Rights Forum (DRF) Sagar MP (Foundation for Social Justice and Constitutional Awareness for Trial of Public Service)

and fees for application under rti act 2005 in rs.10/-. (for appeal rs.20/-)

 
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Retired

I have yet to see a PIO who gives correct information/reply.

 
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UNEMPLOYED

yes, they can.

but so what?

file the same again with correction and as a a fresh application.

 
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Mr.Rajiv Kumar, Let me to give a different opinion.

Eventhough you have not mentioned the name of the Act, under which you are seeking the information, the PIO cannot reject your application under the ground non mentioning of the name of the Act. Because you have addressed as " The Public Information Officer ".

The PIO is an authority appointed under RTI Act, 2005.

So I hope that the application addressed to the PIO automatically amounts that your application is under RTI Act, 2005.

 If information furnished above found to be incorrect by any expert please excuse me.

Thanking you.

 
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Retired

In most cases, even when all the formalities are complete, infn /reply is not provided. The Appellate Authorities too are mute spectators. 2nd Appeals? Well a few years and you become too old to pursue.

 
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