Court gives False & Evasive Reply to U/S 27 & 28 of RTI Act, 2005

First Appeal on Delhi District Courts for FALSE & EVASIVE REPLY to RTI Queries vis-à-vis section 27 & 28 of Right to Information Rules, 2005

To                                                                    Dated 25/12/2016

First Appellate Authority,

South-West District, Room No. 401,

Dwarka District Courts,

New Delhi-110075

Sub:-   First Appeal u/s 19(1) of RTI Act 2005

With reference to No.123/RTI/PIO/SW/RC/ID: 129 & 131 Delhi, Dated the 28^th November, 2016

Respected Sir,

A.    It is most respectfully submitted that the Hon’ble PIO has given a false & evasive reply wrt the above reference number vide No.123/RTI/PIO/SW/RC/ID: 129 & 131 Delhi, Dated the 28^th November, 2016

B.    It is humbly stated that there is no provision under the said Rules for calling Appellant for hearing. On the face of record, that there is no such provision in Delhi District Courts (RTI) Rules, 2008 the contention of PIO in his decision that the information is available in Delhi District Courts (RTI) Rules is false to the knowledge of the PIO himself. Therefore information on item no. 1, 2 and 3 are denied without assigning any reason.

C.    Further, Rule-14 of the Delhi District Courts (RTI) Rules, 2008 unequivocally stipulates that the PIO shall give reasons for declining the request for information. In this case, the information is declined falsely by stating that the provisions for calling appellant for hearing, as framed by competent authority and/or appropriate government in terms of sec-27 and 28 are contained in Delhi District Courts (RTI) Rules, 2008.

D.    Similarly, the applicant asked for the certified copy of the say / remarks submitted or submissions made by PIO before the FAA on which hearing is scheduled. PIO instead of supplying the information sought, made reference to FAA's order. FAA's order is an event subsequent to submissions made by PIO with respect to the appeal. What material submissions made by PIO before the FAA which necessitated the FAA to call the appellant for a hearing is important. If no such submissions are made by PIO, then PIO should have decided item no.4 of the query accordingly, whereas the PIO denied the information by vague reply.

PRAYER:-

(1)   The PIO be directed to immediately release this information which he has denied in the light of above facts & circumstances.

(2)   The further information shall be provided free of cost i.e., the applicant/ undersigned be exempted in view of section 7(6) of RTI Act 2005 from payment of any further fee payable by me for supplying of requested information on account of default on the part of PIO to supply information within prescribed time.

(3)   Action & Penalty against erring PIO as per section 20 of RTI Rules’2005

Other reliefs & orders as this Hon’ble FAA deems fit.

 (ATUR CHATUR)

C/o   Q-7/77, GF, Sector-30, Rohini, Delhi-110085

Email:          aturchatur@yahoo.com

Phone:                         09873540498