Saturday 1 November 2014

Update: PMO sends RTI Request to Defence Secretary and........




Online RTI Request PMOIN/R/2014/60940 dated 11 Aug 14



Public Authority Details:-

* Public Authority Prime Minister's Office



Request Details:-

* Description of Information Sought



Please refer to SYS/10525/Armed Forces dated 06.06.14 addressed to the Honourable Prime Minister.



The kindness of the Honourable Prime Minister was requested to have the issues examined as Armed Forces personnel retired and serving look to the Honourable Prime Minister for solutions to the listed pending issues mentioned therein.



RTI Act 2005 vide Para 2 (f) states Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the 􀆟me being in force.



Please provide information as defined in Para 2 (f) of the RTI Act 2005 on the progress of the actions taken by the Honourable Prime Ministers office in pursuit of solutions to issues mentioned in the above-mentioned petition dated 06.06.2014.



It is requested that this applicant may not be requested to travel to New Delhi to examine and earmark information from the files in the PMO related to the request due to the expense which may far exceed the cost of photocopies of information @ Rs 2/- per photocopied page or Rs 50/- per CD.



Reply to RTI Request PMOIN/R/2014/60940

from PMO: Received on 16 Sep 14



Speed Post A.D

Right to Information

PRIME MINISTER’S OFFICE

South Block,

New Delhi – 110 011

No. RTI/4922/2014-PMR                                                           Dated: 10 Sept, 2014



To,

……………..



Subject: Application under Right to Information Act, 2005



Sir,



          Reference is invited to application (no. 60940) dated 11.8.2014, received on 12.8.2014, on the above noted subject. The matter was referred to the office for providing inputs. Inputs provided by the office in respect of your request for information is enclosed (2 pages). 



2.       For the purpose of section 19 of the Right to Information Act, 2005, Shri Krishan Kumar, Director, is the appellate authority in respect of this office.



Yours faithfully,

                                                                                                              Sd/-------------

Encl; as above (2 pages)                                                                        (S. E. Rizwi)

                                                                                                              Director &

                                                                              Central Public Information Officer

                                                                                          Telephone: 2307 4072

*         *         *         *         *

Right to Information

RTI/4922/2014-PMR

PRIME MINISTER’S OFFICE

(Public – IV Section)

***



Sub: Application of Shri S Y Savur under RTI Act 2005.



          The petition dated 6-6-2014 received from the applicant in this office has been forwarded to the Secretary, Ministry of Defence, Govt of India for action as appropriate vide PMO letter No. 7/3/2014-PMP-4/July2 dated 17-7-2014. An attested copy of the communication is enclosed.



Sd/---------------

Section Officer 4/9/14



*         *         *         *         *



Online RTI Appeal PMOIN/A/2014/60177



Public Authority Details:-

* Public Authority Prime Minister's Office



Personal Details of Appellant:-

Request Registration Number:  PMOIN/R/2014/60940

Request Registration Date:  11/08/2014



Appeal Details:-

Citizenship Indian

* Is the Requester Below Poverty Line? No

* Ground For Appeal: Provided Incomplete, Misleading or False Information



* CPIO of Public Authority approached: Nodal Officer



CPIO's Order/Decision Number: Details not provided



* CPIO's Order/Decision Date

(Description of Information sought (upto 500 characters)



* Prayer or Relief Sought

Sir,



I am aggrieved in the manner my request for information has been treated by Director & CPIO in the PMO.



2. I preferred a RTI online request for information reference number PMOIN/R/2014/60940 dated 11.8.2014 which was received by the Director and CPIO on 12.8.2014.



3. Director & CPIO (S. E. Rizwi) of the PMO replied vide reference number RTI/4922/2014-PMR dated 10 Sept 2014.



4. In the ibid reply the only information provided is that PMO has forwarded the petition to the Secretary, MoD vide PMO letter No. 7/3/2014-PMP-4/July2 dated 17-7-2014 for action as appropriate.



5. In the reply there is no information on the progress i.e.



(a) whether the Secretary MoD provided a reply and if so the contents of the reply or



(b) the Secretary, MoD declined to provide or a reply to the PMO, or



(c) No reply has been received even though 6 weeks elapsed between 17-7-2014 the date the petition was forwarded and 10-9-2014 when the reply to

RTI was signed.



6. If custodian of the information is some other Public Authority, then the Director & CPIO could have transferred the application for information under Section 6 (3) of the RTI Act, 2005, which he has not done.



7. This appeal is preferred as per Section 19 to the Director & Appellate Authority in the PMO as appointed under provisions of the RTI Act 2005 and rules thereunder.



Reply to the Appeal PMOIN/A/2014/60177 from PMO



Speed Post A.D

Right to Information

PRIME MINISTER’S OFFICE

New Delhi – 110 011

No. RTI/4922/2014-PMR                                                           Dated: 17.10 2014



To,

……………..



Subject: Decision on appeal under the Right to Information Act, 2005



Sir,



          Please refer to your letter (no. PMOIN/A/2014/60177) dated 18.9.2014 received through online, preferring appeal under the Right to Information Act, 2005.



2.       It is observed that you made a right to information online application (no. 60940) dated 11.8.2014 received on 12.8.2014, seeking information with reference to the letter dated 6.6.2014 (addressed to the PMO) regarding Redressal of issues of retired Armed Forces Personnel.



3.       CPIO, PMO, vide letter dated 10.9.2014, informed that the letter dated 6.6.2014 stood forwarded to the Secretary, Ministry of Defence for appropriate action. You were also provided with a copy of the PMO ID Note dated 17.7.2014, forwarding the letter in question to the said public authority.



4.       In the appeal, you have expressed dissatisfaction with the CPIO, PMO response in the matter, stating that there is no mention about any reply received from the Ministry of Defence with reference to the petition forwarded to them. It is also your contention that if the custodian of the information with reference to the petition in question happened to be Ministry of Defence, then the CPIO, PMO was obliged to effect transfer of the query to the said public authority.



5.       I have examined the records in the matter. It is observed that the CPIO, PMO vide letter dated 10.9.2014, informed that the letter dated 6.6.2014, stood forwarded to Secretary, Ministry of Defence for appropriate action. However, it is your contention that the response provided is inadequate in so far as the information relating to the action taken by Ministry of Defence has not been provided. You have further contended that the transfer of the application to the concerned public authority was obliged to be made given that the letter stood forwarded to them. It is clarified that you were provided with all the information as available and existing in the records of this office and since the replies from Ministry of Defence were not held as part of the existing records, the contention that this office should have provided the same, is not correct. Regarding your request for effecting transfer of the application to the concerned authority, it is observed that you already stand informed about the status of the letter as resting with the Ministry of Defence and based on the given information you are obliged to file separate RTI application for obtaining information from the said public authority in line with Central Information Commission decision dated 22.9.09 in the case of Shri Ketan Kantilal Modi Vs Central Board of Excise & Customs in Appeal No. CIC/AT/A/2008/01280 dated 29.9.2008, observing as under:



Transfer…cannot be claimed by the petitioner as a matter of right – a substitute for his own diligence, i.e. file the petition under Section 6 (1) appropriately before the public authority which is known to hold the information requested and, more importantly, which the petitioner himself knows holds the information.” 



6.       Based on the reasons given above, no further action is called for on your appeal and the same is accordingly disposed off.

       

Sd/--------------

(Krishan Kumar)

Director & Appellate Authority



Online RTI Request MODEF/R/2014/61707



Public Authority Details:-

* Public Authority Department of Defence

Personal Details of RTI Applicant:-

Request Details :-

Citizenship Indian

* Is the Requester Below Poverty Line ? No

(Description of Information sought (upto 500 characters)

* Description of Information Sought

Sir,

Please refer to PMO ID No. 7/03/2014-PMP4/July 2 Dated 17/07/2014 (scanned copy attached).

2. Please provide me photocopies of information as defined in Section 2(f) of the RTI Act, 2005 on the action taken by Secretary, M/O Defence on the petition attached with the above referred PMO ID No.



Online RTI Status MODEF/R/2014/61707



Registration Number                        MODEF/R/2014/61707



Name                                                            S Y SAVUR



Date of Filing                                    17/09/2014



Request filed with                            Department of Defence



Status                                                 RTI REQUEST APPLICATION RETURNED as

On 28.10.2014



Remarks: - It has been informed by Office of Defence Secretary that the PMO ID No. 7/03/2014-PMP4 dated 17.7.2014 has not been received in this office. Further, Central Registry of this Ministry has also informed that they have not received the aforesaid PMO reference.



2.      Details of the Appellate Authority are as follows: -                                    

         Shri Vijay Agarwal, Director (Coord), Ministry of Defence, Room No. 229, South Block, New Delhi.



(Rajesh Choudhary)

Under Secretary to the Govt of India.

*       *       *       *       *


1 comment:

  1. Letter from PMO to Defence secy missing .No records in the Central Registry !!!.

    These guys can manipulate the Central Registry records/entries. In any case there is no proper accountable system in palce ( No thrid party auditable work instructions, work procedures etc ) and one is not surprised about it.

    There is no doubt that it has gone out of the PMO.

    The fact of the matter is , avoidance of a reply by the MOD. No courage of convictions.

    ReplyDelete