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Goutam kr das   29 October 2019

sub RTI...Reg.

If one Trade Union leader wants to get information under RTI Act 2005 from his management, can he use his designation belongs to that union.


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 10 Replies

G.L.N. Prasad (Retired employee.)     30 October 2019

Any Indian Citizen can seek information that is not exempted under RTI Act from Public Authorities.  A citizen can only mention his name alone and not his designation as an applicant as a designated official is not a citizen.  Mr X can seek information in his name Mr.X, but Not as Secretary, Y Trade Union.  Some officials either for more attention and caution on his application or for such legal purposes use such tactics and there is no additional benefit, and such applications only with designations can be rejected by PIO.

P. Venu (Advocate)     30 October 2019

Yes, it is the citizen who can apply for information, that oo, from a public authority.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     31 October 2019

The following criteria should be satisfied: The information sought should be of such nature that any member of the public, not necessarily a trade union leader,  has the right to seek the information. The management in possession of the information should be a public authority.

Pradipta Nath (Advocate)     31 October 2019

If the management is within the purview of RTI Act, else it is ought not to provide any information. 

TGK REDDI   31 October 2019

Not only Applicant's but also SPIO's ( or CPIO's ) and  Appellate Authority's names should be mentioned.

G.L.N. Prasad (Retired employee.)     31 October 2019

Please never mention the names of PIO and FAA.  The concerned named officials' postings are transferable, and the websites of those authorities were never updated.  For example if the application is made to Mr.X, PIO, he might have been transferred and Mr. Y might be working as PIO, then Mr.Y will not accept the postal envelope with the name of Mr.X.  Always, Always use only the designation of officials and avoid the application by name.  I am not stating the law or whether refusal will be proper or not, depending on several practical issues in the past of refusal, out of experience  I suggest mentioning of only designation in Govt. Correspondence.  (Prevention is better than cure)

TGK REDDI   31 October 2019

If an SPIO fails to give information within one month, on whom will the Information Commissioner impose the mandatory penalty unless the name of the SPIO is mentioned in the Second Appeal?

TGK REDDI   31 October 2019

I saw so many proformas in Internet in which names are shown.

I filed so many Appeals and Second Appeals mentioning personal names.     It never came into question.

G.L.N. Prasad (Retired employee.)     31 October 2019

If the FAA also fails to deliver orders, then the decision specifically seeks the name of the then SPIO and may impose fine.  It is mandatory to disclose the tenures of PIOs on their website as per DOPT O&M.  Fortunately, in the state of AP, the penalties during last year were ZERO and other states presumed that AP PIOS are sincerely implementing the RTI Act whereas the fact is the opposite.

The issue is to eliminate rejections and when there is no need to state name, why should applicants invite problems.

Sudhir Kumar, Advocate (Advocate)     16 November 2019

The views have missed basic query.

 

The mention of designation of trade union leader or RTI application itself being on letter head does not in any way enhance orreduce his right to ger information.


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