• How to get answers of unanswered questions after second appeal

Few month's back I filed RTI in UP Police (Allahabad) to know certain information regarding STF of UP Police. But they have not provided any answers to my questions until the case was registered in State Information Commission after filing my Second Appeal there. But out of 5 points they have provided the answer to only 1 point citing reasons that the 4 unanswered points does not covered in this District. 

Now my case is listed for hearing in State Information Commission on 17th December, 2018 and I want answers to remaining 4 points. What should I do? Please intimate the relevant sections in RTI Act which I should quote in my application to get the answers along with relevant case laws.
Asked 7 years ago in Civil Law

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9 Answers

Sir if it is not same district pray before state commission to transferred to the concerned office as per the RTI act.

Section 6(3) of RTI act. 

Section 6 in The Right To Information Act, 2005

6. Request for obtaining information.—


(1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to—


(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;


(b) the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, specifying the particulars of the information sought by him or her: Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.


(2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.


(3) Where an application is made to a public authority requesting for an information,—


(i) which is held by another public authority; or


(ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: Provided that the transfer of an application pursuant to this sub‑section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It is necessary to peruse your application and rely received on your RTI application to advice 

 

2) if 4 queries have not been answered on grounds that these issues do not fall within the district wherein application was filed you should apply to PIO in said district 

 

3) The petitioner’s right extends only to seeking information as defined in section 2(f) either by pinpointing the file, document, paper or records, etc, or by mentioning the type of information as may be available with the specified public authority.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See I would suggest you not to get into penalty part you may seek direction from the commission to transfer the said RTI immediately or penalty may be imposed. At this stage yes the PIO has failed to perform hai duty properly yet getting into penalties will enlong the proceedings.

Your exact prayer should be that humble commission may direct the concerned PIO to transfer the RTI to appropriate jurisdiction.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

office memorandum issued by Department of Personnel & Training (DOPT) no10/ 02/ 2008-IR dated 12 June 2008 which states that Section 6(3) of the RTI Act mentions public authority in the singular and therefore the RTI application can only be transferred to one public authority as per the RTI Act.

 

2)Section 13 of the General Clauses Act, 1897, enacts a general rule of construction that words in the singular shall include the plural and vice versa but the rule is subject to the proviso that there shall be nothing repugnant to such a construction in the subject or context of the legislation which is to be construed.

 

"This principle of law has been well- established and applied by the Supreme Court of India from time to time viz. in K Satwant Singh v/s State of Punjab 1960 SCR (2) 89, Narashimaha Murthy v/s Susheelabai & Ors AIR 1996 SC 1826 and J Jayalalitha v/s UOI & Anr AIR 1999 SC 1912, as well as by several high courts while interpreting various statutory provisions," 

 

3) you can pray to SIC for imposition of penalty on PIO and to direct PIO to transfer the RTI application to various public authorities by x date who shall provide answers within prescribed time frame 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

PIO has not trasnferred to concern authority which have information, so the SIC will order the same now on your request. BUt you steady on your prayer to provide information and if PIO plead this defence that relevant is with another authority than SIC will pass same order and SIC has the powers to impose a penalty on the PIO, while deciding on a complaint or a second appeal.

Maximum Rs. 25,000 /-

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

RTI applicants can directly approach the SIC or CIC and lodge a complaint if they do not get a response from the PIO within 30 days

u/Sec 20 of RTI Act The Commissions (State and Central) have the powers to impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees and may recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.

No need to file another RTI Application just make an appeal before the appellate authority

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You need to pray before the commission t forthwith direct the second Appellate authority to provide the said information

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Now my case is listed for hearing in State Information Commission on 17th December, 2018 and I want answers to remaining 4 points. What should I do? Please intimate the relevant sections in RTI Act which I should quote in my application to get the answers along with relevant case laws.

You dont have to quote the relevant sections for extracting the desire information.
You can give a reply as a layman without citing any law except RTI act.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Your prayer should be the reply for the questions you have raised through RTI act.

It is for the authority to either transfer the same to concerned authority or to procure them on your behalf by themselves and furnish you the same.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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