M.V.Ruparelia, A503 Rashmi Utsav, Near Jangid Estate & Vijay Park,
Mira Road(East) Dist. Thane. 401107. M. 09821732855. E/Mail:firstname.lastname@example.org
To Date: 24-3-11.
Smt. Rasika Chaube, Internal Financial advisor & Appellate Authority,
President`s Secretariat, Rashtrapati Bhawan,
New Delhi-110 004.
Sub: Appeal dt 3-2-11 under RTI Act, 2005.
Ref: Your letter no. A-27011/1059/06-RTIA (AA) dt 11-11-11 received on 18-3-11.
Reply given under your above is not as per RTI Act, 2005 and various directives issued by Ministry of Personnel, P.G. & P. laying down the Guide Lines and Instructions to be followed by A.A. Para 3 of their Memorandum no. 1/3/2008-IR dt 25-4-08 reads as under:-
What is Information
3. Information is any material in any form. It includes records, documents,
memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.
Para 5 of the same Memorandum dt 25-4-08 reads as under:-
5. The Act gives the citizens a right to information at par with the Members of
Parliament and the Members of State Legislatures. According to the Act, the
Information which cannot be denied to the Parliament or a State Legislature,
shall not be denied to any person.
Para 3 of their Memorandum no.10/23/2007-IR dt 9-7-07 reads as under:-
3. Deciding appeals under the RTI Act is a quasi-judicial function. It is, therefore, necessary that the appellate authority should see to it that the justice is not only done but it should also appear to have been done. In order to do so, the order passed by the appellate authority should be a speaking order giving justification for the decision arrived at.
Proper perusal of Application & reply from CPIO shall indicate that information (circulars/instructions asked about procedure etc etc) is not given at all. Kindly, reconsider Appeal and give Speaking Order on various points brought out in Appeal.
RTI Act also lays down that AA will advise the next Appellate Authority`s details (CIC dealing with President`s Secretiate) in Speaking Order.