Re: [HumJanenge] Re: Cabinet note not secret: Info panel

Than you,

In one of my case,I sought the information from one of the PIO.

First of all he did not provide the information within 30 days.

So, I lodged the complaint with SIC

SIC abmitted my case.

And later on the SIC of Arunachal Pradesh has asked the PIO to
compensate the expenses incurred by me in attending the hearing for
four sonsective times wherein PIO failed to attend the same.The fine
was not imposed for not givimg the documents on time.

Now the PIO has filed the case against the SIC and the appellant with
the following contentions that :-
1.Why the appellant has directly gone to SIC and why not appealed with
the fisrt appeallete authority as per the section(19) (1) of the Act.

2.The PIO further states that the Act is easily available in the Assam
Frontier Act,1945,so no penalty should have been imposed upon him for
not providing the infomation.

Is it necessary to response the Notice of th Hon'ble High Court

On 5/9/11, Sarbajit Roy <sroy.mb@gmail.com> wrote:
> Dear Surendera
>
> Since you don't understand English, perhaps I should explain it using
> Mathematics and the worst case times in the RTI Act (normal case, ie. no 3rd
> party, CAPIO etc)
>
> 1) Day 0 = Citizen requests information
> 2) Day 30 = CPIO gives decision
> 3) Day 35 (say) = Citizen receives decision and is aggrieved
> 4) Day 65 = Citizen files First Appeal
> 5) Day 95 = FAA disposes of it
> 6) Day 105 (say), Citizen receives FAA's order
> 7) Day 125 = Citizens must file 2nd Appeal. (Calculated as 90 days from
> step 3)
>
> From the above it is clear that all steps are taken at 30 day intervals in
> the scheme of the Act. If there are deviations (such as a FAA taking 45 days
> instead of 30) then the CIC has powers to condone the delay in filing 2nd
> appeal to it.
>
> So for now for you to claim that a citizen can file a 2nd appeal on Day 195
> in the above example is illogical. Even to file an SLP on grave questions of
> law in the Supreme Court only 60 days are allowed, so it is preposterous for
> anyone to claim that 90 days is required to file a mere RTI 2nd Appeal.
>
> PS: If you cant understand the basic Maths here, maybe I can use folk art to
> explain it to you.
>
> Sarbajit
>
> On Sun, May 8, 2011 at 11:40 PM, Surendera M. Bhanot <
> surendera@avissoftware.com> wrote:
>
>> Mr Sarabjit you are living in illusions. The decision under section 19(1)
>> is of the decision of the FAA and not the CPIO.
>>
>> CPIO has to give the information/decision under Section 7(3) and it is
>> also
>> referred to in section 19(1) against which the first appeal was made under
>> Section 19(1). Please read the Section 19(1) carefully, or take someone
>> knowledgeable's help.
>>
>> Section 19(1) is reproduced below:
>>
>> *19. (1) Any person who, does not receive a decision within the time
>> specified in sub-section (1) or clause (a) of sub-section (3) of section
>> 7,
>> or is aggrieved by a decision of the Central Public Information Officer or
>> State Public Information Officer, as the case may be, may within thirty
>> days
>> from the expiry of such period or from the receipt of such a decision
>> prefer
>> an appeal to such officer who is senior in rank to the Central Public
>> Information Officer or State Public Information Officer as the case may
>> be,
>> in each public authority:*
>>
>> In the opening sentence of this section it is stated *"Any person who,
>> does not receive a decision within the time specified in sub-section (1)
>> or
>> clause (a) of sub-section (3) of section 7, or is aggrieved by a decision
>> of
>> the Central Public Information Officer or State Public Information
>> Officer,
>> as the case may be"*
>>
>> Section 19(3) exclusively deals with the appeal against the decision of
>> the
>> FAA and not the CPIO.
>>
>> I am really appalled at your wit. Please do not misguide the members of
>> this forum with your innovative things. You are not only exposing level of
>> your knowledge about the RTI Act, 2005, your are mitigating your
>> impression
>> too.
>>
>> Please refrain.
>>
>> Rest you really expert in fiction and start doing the creative wor in that
>> field. Oh! you are already doing the but at the wrong forum.
>>
>>
>