(Guest)

Strategies to disarm RTI Official--PIO

RTI officials are hell-bent on evading/delaying answers of RTI application.

So here are some suggestions so that they may not get such chances.

Write in your RTI application that you are seeking info under RTI act 2005, otherwise they may say that the info was not sought under RTI Act and waste you 30 days (Believe me even the replies which they could be given in a single day would be given on 29^th/30^th day only).

If you feel that PIO may demand more money for photocopies etc. then always send two applications --one with Rs.10/- and one with more than Rs.10/- say Rs. 40/50/100/-because if you send application with Rs.10/- only PIO would waste your 30 days and ask you to deposit Rs.20/30/40 /-- for photocopies etc. and if you send more than Rs. 10/- PIO may return you application after 30 days asking you to send Rs.10/- only and giving some reason ( reasonable or unreasonable/legal or illegal) that more than Rs.10/- can not deposited with RTI application. Hence the suggestion of sending an application with Rs.10/- and another with more than Rs.10/-.

If you are not 100% sure that to whom the postal order be addressed then send blank IPO but fill the column where sender’s name and address is to be written. Now postal clerk may resist that postal order be filled, explain him this clause, I assure you with my experience blank IPO can be received by PIO office. Why it should be done because if you send IPO in the name of someone whom you fill is the right person to whom the IPO is to be sent but according to PIO office that is not the right person,PIO will send back your RTI after 28 days asking you to send a fresh application with IPO’s in the name of right person. If you will send a blank IPO ,you may snatch a chance from PIO of delaying reply off your RTI..

Attach each and every relevant document with your RTI application but give the details of attachments in the application also.

If your RTI application consists of more than one page, get stamped receiving on each page separately by the counter clerk .Post office clerks do this easily but PIO office clerks don’t do this at all as per my experience so why not send one set of RTI through post office and another directly to the PIO office. Because the applications sent directly to the PIO office take 5 less days in getting replies than the applications sent through post offices. So to decrease 5 days approach PIO office directly but if you do not get proper receiving on each page of your application (as is expected) approach post office also. Use both options.

PIO's are in the habit of replying that record of the info sought is not available so to disarm them before handedly include these lines in the application written here below: ------------

1. What is the retention period of record?

2. Under which rule the record has been destroyed, if it was?

3. If the record is untraceable, who are the Officials responsible for not maintaining it?

Also incorporate these two paragraphs to get better results: ----------

1. If you can not give the whole information demanded by me, please give a part of the information which can be given according to section10 the RTI Act 2005. Section 10 of the Act allows those part(s) of the record which are not exempt from disclosure and which can reasonably be severed from parts containing exempt information to be provided.

2. If the information sought by me can not be given to me please give me the certified copies of the laws/bylaws/order/circular etc. under which such information is forbidden to the public.

I have written whatsoever little mine experience is, plz. contribute to enlighten me and other readers also.

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8 Replies

(Guest)

While sending blank Postal order include these lines in your RTI-application

I am not aware of the payee details. Kindly fill the appropriate details in IPO # worth Rs......./-(Rs.............. only) as it is the duty of PIO to provide reasonable assistance under 5 (3) of the RTI act to applicant.

Also include these lines to get answers of PIO more answerable

Whatsoever information you would provide me on paper, that paper should be duly signed and clearly stamped by some competent authority. If you use the backside of that paper for providing me the information, please get that side also duly signed and clearly stamped by some competent authority.

(Guest)

@ Tushar

Good info. Thanks

Kindly comment your valuable inputs in https://www.lawyersclubindia.com/forum/Re-Income-Tax-Return-of-Wife-22021.asp

Rgds.

1 Like

Naresh (In search of job) 04 September 2010

Dear LCI members,

I have asked the PIO, department post to provide me the info on all the letters (registered, speed or any other form) delivered to the b*tch(opp party) address. The info is date of delivery, from address of the letters delivered.

PIO reply:

-----------------

"It is to intimate that the information sought by you relates to third party and you have to obtain consent from the third party to disclose the information at this end.

The postal order submitted by you is also written as payable to accounts officer, dept of post, hyderabad - 1, which doesn't relate to this CPIO, it should be SSPOs secunderabad. Therefore the letter which we received from the CPMG AP circle, is returned herewith."

My question now is:

---------------------------

(1) Do I now have to file a fresh RTI application to the new address indicated with the new postal order or do i need to go for the first appeal?

(2) Also, if the application is returned third-party, how to get the information? Does the information, i requested comes under the third party? I feel, it doesn't come under the third party because what ever the information, they have in their records and which was done as part of public activity can't considered as third party? Is my interpretation correct?

(3) Members, please mention how you have got around this problem?

-LF-AP

Naresh (In search of job) 04 September 2010

@ tushar,

Could you please share your experiences and resolution strategies on how to handle or nail the third-party replies from the PIO?

Does my RTI query comes under the third-party? If so, how to convert to non-third-party query?

-Naresh

shiva (sales) 09 September 2010

Tushar...and Other friends..

That was great post....can u please share your experiences and your ideas on how to handle my RTI query which was postted as RTI reply from my Father in Law Organization... Can u please comment on this..

This is Shiva Prasad from hyderabad,a false 498A and DVC case was filed against me. I have sent RTI Application to my father in law organization asking about the details of his salary and what action will be taken for giving dowry by the govt employee? After that, I got reply for that RTI stating that if proved that my FL has given dowry, action will be taken against rule CrPC 161. After that I had filed reply to the organization of my FIL, sending the charge sheet and FIR copies of my 498A Case which are certified copies from court where he has already accepted of giving dowry. After that I got following answers from my father in law organization

Q1.Please inform what is status of my application.

A. Memo has been issued to FL enclosing the documents provided by you( me here) to offer his comments .in response FL has submitted is reply dt. xxxxx...

Q.2 Please inform has any disposal given on my application.

A. Under examination.

Q3.Please inform me the time needed as per law to finalize the required action on the status of my application

A. No specific time prescribed.

Q4. Please provide me the certified copies of the entire file notings to this matter.

A. Lack of clarity in the requisition.

Can any one please suggest how to go about in my case...

Looking for desperate help

Thanks and Regards

SHIVA

Rajendra (nil) 09 September 2010

A good opening post

Naresh (In search of job) 09 September 2010

Hi Shiva,

If you are not happy with the PIO's reply, you can any way go for the first appeal and then to the SIC, hyderabad. Use this option.

Also, shoot another RTI asking how the department would handle offenders of law and other organizational rules, also ask the organization to send u a copy of the organizational rules applicable to it's employees, see that you get an idea as to how the offenders will be punished. You can also ask action taken report on your complaint using RTI. So, just bombard the department with lot of queries.

See if this helps.

-Naresh