Thursday, March 11, 2010

Re: [rti_india] Re: . Mailing Option to Courier


Dear Mr Sarbajit,

Point well taken.

Also some State Appeal procedure rules specify as to how "Notice of Hearing" is to be served to the appellant/complainant.

For example, AP Appeal Procedure Rules specify that it has to be served either by Registered Post or "in person". But still the APSIC sends it by UPC.

What can be done with such SIC's  ?

Rules have been shown many times to the CIC of APSIC - but to no avail.

Similar situation exists in UP, where the UPSIC has decided to send the "Notice of Hearing" on a post card.


--- On Thu, 3/11/10, sarbajitr <> wrote:

From: sarbajitr <>
Subject: [rti_india] Re: . Mailing Option to Courier
Date: Thursday, March 11, 2010, 2:57 PM


Dear Raja /Group

Proof of service is effected by sending a letter, in sealed cover properly addressed and prepaid for BY REGISTERED POST. (General Clauses Act 1897)

"27. Meaning of service by post.- Where any Central Act or Regulation made after the commencement of this Act authorizes or requires any document to be served by post, whether the expression "serve" or either of the expressions "give" or "send" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post."

Speedpost is also "Registered Post". UPC is NOT !!!, neither is "courier". However, in civil matters, courier / email are allowed for ordinary service by C.P.C (Code of Civil Procedure)

The best proof of service is certified copy of telegram. Certified copy is only given after it is is delivered, and it contains the text of what is communicated. This is really the best proof of service albeit somewhat expensive at 25p per word. You must inform the telegraph office that you need a certified copy at time of booking, it will be given to you after 48 hours and upto 30 days after booking.

FINALLY: If you are quibbling over Rs.2, you have no right to be filing RTIs. Do you knmow how much it costs the Govt to reply to you - and why the Fin. Minister can't reduce the taxes I pay because of habitual RTI misusers.

Sarbajit Roy


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