Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Hemchand Kohli (Accountant)     16 September 2020

Rti appeal rejected

RTI appeal rejected on the ground that Purpose of RTI mentioned in application letter.  eg Applicant working the Govt department and  salary & maternity benefits was not being given  then in the RTI Application mentioned as below:

Salary & maternity is not being given so following documents may please be provided under RTI ACT

1.  Reason for not release salary & Maternity; 2.  copy of each document of file maintained.

Please advice.

 

 



 12 Replies

Hemchand Kohli (Accountant)     16 September 2020

It was by applicant itself

Dr J C Vashista (Lawyer)     17 September 2020

Provision of the Right to Information should have been read before submitting an application, which you did not do.

G.L.N. Prasad (Retired employee.)     17 September 2020

Information can only be denied stating such Sec.8 or Sec.9 of RTI Act and with justification as to applying that exemption for denying information.   There are two more steps in RTI like First Appeal and Second appeal even if PIO rejects the information.

Please provide a verbatim reason for denial by PIO as there is no clarity in the post.

There is no need for mentioning purpose in the RTI Act and mere mentioning of purpose can not disqualify a right and strengthens larger public interest.

Not providing legitimate benefits is a serious irregularity and authorities must provide such reasons for such violations under the RTI Act.

(I am afraid that post is not stating the truth and the presumption is that a third party has sought the information of the employee, and in that case, it amounts to an invasion on the privacy of that employee.   Even in such cases, PIO is bound to call for comments from the concerned person before denying information to a third party)

Hemchand Kohli (Accountant)     17 September 2020

Thanks for valuable replies.  But sir Applicant herself working in the department and she was not being paid salary and maternity benefits then she filed an RTI to know the status of file along with copies of documents of files. 

G.L.N. Prasad (Retired employee.)     17 September 2020

This is what was asked for going to the next step of the first appeal, as grounds for the first appeal depend on the reasons for denial: 

Please provide a verbatim reason for denial by PIO as there is no clarity in the post.

Please also state as to whether the authority is Central Govt or State Govt and if she has represented the same to her Union and to her immediate superiors seeking reasons.

Hemchand Kohli (Accountant)     17 September 2020

It was disposed on the ground that:

Applicant has raised grievance regarding payment of her salary and maternity benefits although RTI is not is not an Grievance redressal Forum.

But applicant has mentioned these lines in the RTI application as purpose of RTI that I am filing an RTI because I have not been paid salary & maternity benefits so provide the information of my files which belongs to me: i.e

1. reason for not giving benefits of Maternity Benefits

2. Reasong for Not giving salary:

3. Copy of each documents of file maintained by the department.

 

 

 

 

 

G.L.N. Prasad (Retired employee.)     17 September 2020

FIRST APPEAL DT.17th SEPT,2020 under RTI Act.

 

Before: First Appellate Authority,..............................

Against: Public Information Officer,.............................

Appellant:.....................................................

 

Grounds for Appeal:  As per Sec. 7 (1) of RTI Act  PIO  has to either provide the information or deny information stating such applicable exemption under Sec.8 or Sec.9 of RTI Act.  PIO has invented a strange reason that RTI is not a grievance redressal mechanism to deny information..   Such reason for denial was never stated in the RTI Act.   Further authorities have violated laid down law and norms and depriving a salary without stating such reason.  This is against principles of natural justice and fundamental rights.  There can never be an exemption as a Public authority itself violated such laid down norms and not stating such reasons.   Though an Indian citizen need not state any reason for seeking information under RTI Act, to bring urgency, the importance of information and serious violation by a public authority that amounts to harassment, the applicant has to state such reasons for claiming compensation under the law.   Several CIC decisions state that RTI Application can also be taken as a redressal of grievance and should be attended to.  (Without knowing the exact reasons for non-payment of such eligible benefits, a meaningful redressal application can not be filed and hence the information is urgent and important to the applicant)

As PIO has not provided the information and not denied information stating such exemption in Sec.8 with justification this first appeal treating the information as deliberate and malafide, deemed denial.

PRAYER: Appellant prays for directions to SPIO for providing the information as expeditiously as possible free of cost 

Appellant.

Hemchand Kohli (Accountant)     17 September 2020

Thanking you all for giving valuable time & comments.  It is very useful for me.

G.L.N. Prasad (Retired employee.)     17 September 2020

Mr.Kohli,

I am not aware as to your reservations in giving needed facts.  More than two replies for any post reflects that the material provided before the forum is not adequate.  You have stated that you have filed an appeal and we have to presume it as an application.  There is no reply for a simple query as to whether the public authority is a State Govt or Central Government.  There is no reply as to what happened to oral inquiries and through Union Officials.

Please write LIFE OR LIBERTY CLAUSE a top in the first appeal with bigger and bold fonts.   Wait for one week and go for a second appeal with same grounds.   Search in CIC or SIC for that second appeal format on their website.  In the second appeal also request for a preferential hearing under the Life or Liberty Clause.   

PRASHANT RAJPUT   17 September 2020

File again ..

Please provide the following information under RTI Act 2005 :-
I have not been paid salary & maternity benefits for the past two months.

1.Please provide the reason for not paying salary to me for the period (.....)

2) Please provide the reason for not providing maternity benefit to me.

3) Please provide the photocopy of my service file.


RTI Applicant details ...

Dr J C Vashista (Lawyer)     17 September 2020

No reasons or excuse is provided through RTI application.

Do not ask reason or why so ?

P. Venu (Advocate)     04 October 2020

I am very late in my suggestion. 

In my understanding, it is unintelligent  to persist with appeals. The viable option is to file RTI application.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query