COMMENTS / OBJECTIONS / SUGGESTIONS : ref:PN/DoPT/OM/2010/RTI/AAA-0000-005

To:
The Government of India, by
Shri R.K.Girdhar
Under-Secretary/RTI
Department of Personnel and Training, North Block
New Delhi 110011

1) CONFIDENTIAL,
2) SECRET,
3) My Intellectual property,
4) Not to be disclosed to any unauthorised person,
5) Not to be disclosed to any private person whatsoever,
6) Not to be disclosed to Prime Minister or his office,
7) Not to be disclosed to National Advisory Council,
8) Not to be disclosed under Right to Information except to myself,

BY EMAIL:

Date:  21-December-2010
Your Ref: OM dated 10.12.2010 in File No.1/35/2008-IR (draft RTI Rules)
Our Ref:  PN/DoPT/OM/2010/RTI/AAA-0000-005
Subject Objections and/or Suggestions to the amendments proposed

Sir,

I refer to the above citations and your subject OM. I am caused to submit the following objection(s) and/or suggestion(s) to the same.
This is separate, distinct and without prejudice to other objections I may submit from time to time within the period allowed..

http://persmin.gov.in/WriteReadData/RTI/RTI_rules_01122010-1.pdf

I OBJECT to the definition of First Appellate Authority as proposed by rule 2(c). for the following reasons:

(i) It fails to consider the common situation where a request is filed to a CPIO which is then (wrongly) "transferred" to other and/or multiple CPIOs within the same public authority, thereby resulting in multiple replies and multiple first appeals to different first appellates.

I also OBJECT to a First Appellate Officer being described / defined as an "Authority".  (NB: This will also result in an absurd situation whereby every such "Authority" may be deemed to be a public authority in his own right).

Instead we SUGGEST that the rule should read as

"2(c)  "First Appellate" means an officer in a public authority who is senior in rank to a Central Public Information Officer to whom an appeal under sub-section (1) of section 19 lies;"

Submitted in my individual capacity by


Er. Sarbajit Roy
B-59 Defence Colony
New Delhi 110024
Tel : 09311448069
email ID: "sroy.mb@gmail.com"

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