Wednesday, May 19, 2010

[rti_india] Re: RTI with Delhi Police

 

Since the Delhi Police is a Central Public Authority and the PIO's reply is being sent under a central Act, the PIO is obliged in law to "serve" his reply by Registered Post (which includes SpeedPost) only if he is sending it by Post. The provision in law is section 27 (??) of the General Clauses Act. Of course there may be a dispute as to whether a reply under RTI needs to be "served".

In any case, UPC is not legally admissible as proof of delivery / service.

Sarbajit

--- In rti_india@yahoogroups.com, "Arun" <arun_agrawal@...> wrote:
>
>
> 30 days are to be counted from the date the PIO receives the RTI
> application to the date when he responds . If he is backdating, please
> poreserve the envelope showing postmarks which will come in handy at
> the time opf second appeal .
>
> I can confirm that they manipulate the UPC dates in collusion with an
> obliging Post Office .
>
> There is no option but to go in for 2nd Appeal before the CIC. Delhi
> Police is currently under the charge of an incompetent IC (Ms Sushma
> Singh) .
>
>
>
> Arun Agrawal
>
> ------------------------------
>
>
> --- In rti_india@yahoogroups.com, Lalit Mohan Sharma <lmsdelhi@>
> wrote:
> >
> >
> > Please clarify section 7(1) of RTI Act. 30 days time limit is for
> sending info by PIO wheather it reaches or not to applicant
> > OR
> > Is it receiving of info by applicant by 30th day?
> >
> > Delhi police is not adhering to this section. Their PIOs send replies
> on last (30th) day of making an application & that by UPC (ALLEGED),
> which never reaches Applicant. May be they have some nexus with Postal
> Authorities or doing some mischief of their own?
> >
> > Which Information Commissioner is hearing appeals regarding Delhi
> Police?
> >
> > Is it worth appealing in CIC?
> > Is it worth means our time devotion in preparing appeals, submitting
> copy to PIO & FAA, then submitting received copies to CIC?
> > Then costs of preparing , typing appeals, travelling expenses to CIC
> on various dates as well as LEAVE from Job/service or business?
> >
> > Do appealants get favourable reply/judgement from CIC?
> >
> >
> >
> > Lalit Mohan Sharma
> >
> >
> >
>

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