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Ruchi (HR Manager)     05 March 2009

writting to govt for last 20 yrs but no reply

Dear Seniors,

I have just joined this portal and wanted to take suggestions from you. My father-in-law was working with delhi police since 1979 and in April 1981, due to some family problems he has taken a medical leave. Before this issue, he has given his resignation as he wanted to shift to his hometown in ludhiana, but the senior doesnt accept it. now when he is gone on  a medical leave, he was supposed to join from 25 april, 81. he joined on the same day and on 27 april, 81 he was told to go back and submit all his stuff. he submitted all the stuff and came back to ludhiana and then he recieve the order stating that his resignation is accepted. Since then he is writting to all the govt officials from secretary to home secrtry and everybody but didnt get anything....

now, i wanted to ask that if he has given the resignation before his medical leave and that time it was not accepted then how can one accept it on another date? or what is the solution now....departments are now not responding or the home secretary is saying to write to delhi police and all......

please suggest...

regards,

Ruchi

 



Learning

 13 Replies

Manish Singh (Advocate)     05 March 2009

the question to determine the solution herein arises as if when the revocation of resignation took place. if your grandpa revoked the resignation before getting it approved that emans he was still in employment without any doubt. so examination of  all the correspondence   which took place at the said period is exteremely important to determine whther acceptance of resignation was lawful or not.


its been around  27 years now from the date of cause of action. why were you aleping over your rights for so long?

Ruchi (HR Manager)     05 March 2009

Manish, thanks for the reply.


Actually we are a middle class family so not much aware of the things.....but can u guide me now wot to do and how to proceed?

kavi (lawyer)     05 March 2009

Hello Ruchi,


                     It is better you ask  information regarding your grand father in Right to Inforamation act. So that you may have a clear idea of what happened

Ruchi (HR Manager)     05 March 2009

can u pl let me know wot is right to information act? and how can i use that

Ruchi (HR Manager)     05 March 2009

can u pl let me know wot is right to information act? and how can i use that

Manish Singh (Advocate)     05 March 2009

under RTI ACT you can ask information concerning all the correspondence what took place at the time of resignation and all that after paying Rs. 10 as a fees. find out the PIO(PUBLIc information officer of that department and make an aplication in the format as provided on their website. in case no format is given make a simple application . you can ask each and every information you wsh to know about the incident and they shall be bound to provied you the same.


you siad you had been asking them for something... could you clarify what you have asking for from the department. 

N.K.Assumi (Advocate)     05 March 2009

 


 HELLO  all the following is for  you.


 Application Form under Right to Information Act, 2005


 (To be filled in duplicate by the Applicant)


(Separate form to be filled up for each query)


1(a) Name and Address of the Applicant:


(b) E-mail address:


(c) Phone/Fax. No.


2. Date of Submission of Application:


3. Subject Matter:


4. Details of Information requested:


5. Period to which the information relates:


(Maximum period in each application should not exceed three years)


6. Fee enclosed (in cash/DD/Banker’s cheque/courtfee)


7. Due dates by which information is to be furnished


(30 days from submission of application)


8. How the applicant would like his information to be sent


(a) By post


(b) To be collected by hand


(c) By e- mail


(d) By fax 


Application Form under Right to Information Act, 2005


To


The Public Information Officer


 Dear sir


I do here by enclose court fees of Rs ten ,fees for filing application under Right To Information Act as Prescribed.


Details of the in formation sought is described in para 4 of the instant application.


Kindly provide me with necessary information and also let me know the amount payable for obtaining such in formations.


 1(a) Name and Address of the Applicant:


 (b) E-mail address:


 (c) Phone/Fax No.


 2. Date of Submission of Application:


 3. Subject Matter: Information with regard to the …………………………………….


 4. Details of Information requested:


(give details of the informations sought)  


5. Period to which the information relates:


(Maximum period in each application should not exceed three years)


6. Fee enclosed (in cash/DD/Banker’s cheque) Court FEES


7. Due dates by which information is to be furnished


(30 days from submission of application)


8. How the applicant would like his information to be sent


a)    By post


(b)   To be collected by hand


(c)    By e-mail


(d)   By Fax 


(Signature of the Applicant)


PROCEDURE FOR making an appeal to appellate authority


A. Contents of appeal.- An appeal to the appellate authority in writing duly signed shall contain the following information, namely :-


 (i)    Name and address of the appellant;


(ii)  Name of Central Public Information Officer (CPIO) against the decision of whom the appeal is preferred;


(iii) Brief particulars of the order including number, if any, against which the appeal is preferred;


(iv)  Brief Facts leading to the appeal


(v)  If the appeal is preferred against deemed refusal, the particulars of the application, including number and date (if any) and name of the Central Public Information Officer (CPIO) to whom the application was made;


(vi)   Prayer Or Relief sought;


(vii)  Grounds for the prayer or relief;


(viii) Verification by the appellant; and


(ix) Any other information which the appellate authority may deem necessary for deciding the appeal.


B. Documents to accompany appeal.- Every appeal made to the appellate authority shall be accompanied by the following documents, namely :-


(i)  Self-attested copies of the Orders or documents against which the appeal is being preferred;


(ii)  Copies of documents relied upon by the appellant and referred to in the appeal; and


(iii)  An index of the documents referred to in the appeal.


Pre-requisites:


Your name, address, contact telephone number and your email id


information about Public Information officer, name, address e.t.c. Locate central Government PIO's here! In case you have problems locating your PIO/APIO you can address your RTI application to the Pio C/o Head of Department and send it to the concerned Public Authority with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO.


Do not adress your RTI application to the PIO by his name, just in case he gets transferred or a new PIO is designated in his place.


Are there any organization in Government not covered under RTI Act?


Mode of Payment available with CPIO, the fees, and Contact person to receive the application. (In most of the cases the Assistant Chief Public Information officer, ACPIO or directly the CPIO).


Public Authorities under the centre, states, legislatures and Supreme/High courts have framed separate rules for RTI. The amount of fees and the mode of payment varies and you should check the correct rules as applicable in your case.


Generally, you can deposit your application fee via:


In person by paying cash [remember to take your receipt]


By Post through:


Demand Draft/Bankers Cheque


Indian Postal Order


Money orders (only in some states)


Affixing Court fee Stamp (only in some states)


Some state governments have prescribed some head of account. You are required to deposit fee in that account. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favour of that account along with your RTI application. Please see respective state rules for complete details


For Public Authorities under Central RTI rules, DoPT has recently clarified that BC/DD/IPO can be in favour of "Accounts Officer". If the department or administrative unit does not have a Accounts Officer, they are supposed to designate someone, as per DoPT circular available here


Read this topic: How to Submit an RTI Application!


Application Guidelines:


While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application. Follow these guidelines:


Use a white sheet of paper to write an application. There is no need to using Note-sheet, or the Court stamp paper. You can use your letter pad for asking for information.


The matter can be hand written, or typed. There is no compulsion of typing the content.


Make sure the application is legible and easy to read.


There is no restriction on number of pages for asking information.


There are also no restriction on number of questions that can be asked in one application. However, it is generally advisable to ask restrict one application with limited set of questions and generally related ones.


NOTE: The state of Karnataka has recently passed a amendment to its RTI rules restricting the RTI application to one subject matter and to 150 words. Please see:


Be very specific & ask to the point questions. Don't ask vague questions.


Ask as many short questions as you like ,but don't ask for voluminous information.


Ask information always by writing your name and signature, and not by your post, as only citizen have the right to information.


Do not ask a question containing 'WHY'! For example, questions like why you failed to pass the bill, is liable to be rejected for not covering under RTI Act.


You can ask for reasons behind a "administrative" or a "quasi-judicial" decision under Section 4(1)(d), especially if you are a "affected person"


If the information sought is voluminous, it is better to ask it in the form of CD to save on cost.


Remember that, you do not need to write the reason for asking the information.


Mention the payment details like BC/DD/IPO number, issuing bank/post office, date, cash receipt details , etc., towards the end of your application


 


 


 

Ruchi (HR Manager)     05 March 2009

we recieved one letter from the joint secretary that his resignation is accepted and there are no dues but we have asked for the relieving orders and resignation letter but didnt get any reply since then.

Manish Singh (Advocate)     05 March 2009

till what time the procedeeings/ enquiry had been going on by the department?

Ruchi (HR Manager)     06 March 2009

Manish, the proceeding and the circle of the letters are going on from last 20 years.....

Ruchi (HR Manager)     06 March 2009

and can we hire a advocate and file a case.....but again "on whom"

Manish Singh (Advocate)     07 March 2009

you can file a case against the deaprtment which ultimately shall be the state. dont worry just go ahead. if the resignation was illegal u shall get justice. bt you will have to see whther the limitation has passed or not to file the case.

Swami Sadashiva Brahmendra Sar (Nil)     14 March 2009

there is too much delay and laches. naw no court / tribunal would iterfere. the question has become mere academic one.


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