Thursday, July 29, 2010

Re: [rti_india] Case Laws When rejection Due to Postal Order


1. No the CPIO cannot reject this application. Since there is no prescribed format for filing an RTI Application, the CPIO cannot reject on these grounds. Kindly read Section 6(2) of the RTI Act. There are several decisions in this regard.

2. You will have to file an complain with the CIC U/s 18. However, you have not provided us with the name of this public authority,which would have helped us guide you better.

3. The CPIO can return the IPO in original if he desires. But he cannot reject the application on this ground alone. Under normal circumstances, the CPIO would return the additional fees to the applicant or adjust it with the fees towards the cost of photocopies. I had once sent Rs.510/- along with my RTI Application. The CPIO soon sent me a draft for Rs.500/- later.  It all depends whether the CPIO is interested in disclosure of the information or not. Besides, you have not specified what was your object? Is a particular individual CPIO or Public Authority your target? If yes, is there any valid cause in this exercise? This is very important. We dont like to target any individual. Just the system and ensure that citizens are not hassled.

More after your response.

Manoj Pai

--- On Thu, 7/29/10, Rakesh Chitkara <> wrote:

1.       Can the CPIO reject an application if column "Pay To" is left blank while name & address of payee is properly filled-in;

2.       Ref. 1 above – when the website of the Department does not guide on above, how is an applicant to know and whether rejection can invite strictures / penalty for wrongful act by CPIO;

3.       Rejection when Postal Order of a higher value than prescribed, is sent ?

Kind regards,

Rakesh Chitkara, Advocate, New Delhi

9891678009 / 9899998663

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