Help needed in filing a RTI!

[punitjalan]

Dear Friends,
I am Punit Jalan from Nalbari in the state of Assam. I am a business man and my name never appeared in any police books except for my Passport verification and Arms License verification. I was issued an All Assam Arms License by the Deputy Commissioner’s office in Nalbari in 2009 and I got my father’s Webley and Scott revolver endorsed to it. Later on 08-09-2010 I had applied for an All India status for my license and my application was forwarded to the Home Department at the Secretariat at Dispur after being approved by the Deputy Commissioner of Nalbari. A copy of the forwarding letter was given to me. But since then I have not received any reply. I have given two reminder letters to the Deputy Commissioner on 20-09-2010 and 17-08-2011 but still there is no reply. The dealing clerk at the DC office says that they have forwarded my application to the concerned authority and their duty is over. He says that if I want further information, I must see the concerned authority at the Secretariat. I went to the Secretariat and the officer there says that they cant give me any information as I have not applied to them. They say that I must inquire about the status at the office where I had applied. Now I want to file a RTI and this is where I want your help. I know if I simply ask about the status of my application in the RTI, they will reply that the application has been forwarded or it is under process or it has been rejected and I will have to file another RTI asking for reasons etc. So friends I want my first RTI to have all those counter questions which can be asked against all their probable replies. As some of you have lots of experience dealing with these kinds of situations, please suggest me what could be their reply and what question can I ask. I am looking forward to your suggestions.

[goodboy_mentor]

I want my first RTI to have all those counter questions which can be asked against all their probable replies.

Your main questions of concern appears to know the status of your application and reasons of rejection if any. You can put these questions in your application and submit it in the office where you applied i.e. Deputy Commissioner's office. In the RTI application just add a sentence that if the information sought in this application is not available in your office, please transfer this RTI application to the concerned office and inform you of the same as per Section 6(3) of RTI Act 2005.

RTI Act 2005 Section 6(3) Where an application is made to a public authority requesting for an information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the functions of another public authority,

the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:

Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

You may also read the following thread and add/modify additional questions if required, to suit your purpose http://indiansforguns.com/viewtopic.php?f=4&t=10826

[nagarifle]

all India licence application would go to the home dept at the Secretariat at Dispur, if all is ok they will forward it to Delhi-MHA. AS all India is granted by MHA ONLY.

now it will be good to get a file number of your application. you may have to do more then one RTI, one at DC level to find out the what happened to the application, ie when they received it, when they forward it to Dispur and file number if any. Ask for file certified copy showing the dispatch of the file.

and asking similar question at the Home Deptt as well.

in each case it will take at least one month each for the info to be given.

once you get the info from the Home Dept then you can file one RTI at MHA Delhi if you wish. please note that there is no time limit for the MHA to respond to All India licence (it can take few months. for response to get back to Dispur)

wait for others to give input on this before filing a RTI.

[punitjalan]

Thanks a lot friend...............!!

[nagarifle]

Thanks GBM nice one

[punitjalan]

Hey GBM and nagarifle...............I have filed a RTI to the Chief Secretary, Govt of Assam with the following queries and I am waiting for the reply:-


1. Present status of my application and the two reminder letters.
2. If rejected, reason for rejection.
3. Please inform me, according to your rules or citizens charter or any other order,
number of days in which such a matter should have been dealt with and resolved. Please
also provide a copy of these rules.
4. Please let me know when I am likely to receive reply to my said application.
5. Please provide me the copy of note sheet of the said file.

I will keep you informed.

[punitjalan]

My application is transferred to the Home Dept by the Chief Secy. and a CC is marked to me. Now I am waiting for the reply...........!!! Fingers crossed!!

[punitjalan]

No reply yet friends...............today I have applied to the 1st Appellate Authority.

[nagarifle]

don't give in keep it going. also check with DC office to see if anything has come back

[punitjalan]

Hey GBM and nagarifle...............I have filed a RTI to the Chief Secretary, Govt of Assam with the following queries and I am waiting for the reply:-


1. Present status of my application and the two reminder letters.
2. If rejected, reason for rejection.
3. Please inform me, according to your rules or citizens charter or any other order,
number of days in which such a matter should have been dealt with and resolved. Please
also provide a copy of these rules.
4. Please let me know when I am likely to receive reply to my said application.
5. Please provide me the copy of note sheet of the said file.

I will keep you informed.

Hello friends..............today I got a reply from the Deputy Secretary to the Govt. of Assam and SPIO, Home department. The letter is dated 30th September but I have recieved it today on 21st of October(probably after recieving my 1st appeal).

The following are the reply to my above quoted questions:

1. Your prayer has been rejected. Reminders not recieved.

2. Please see copy of enclosed note-sheet of concerned file.
(The note-sheet dated 27/11/2009 says, "The license is found to have issued in June this year only by DM,
Nalbari. Perhaps some more time should be allowed to the licensee for successful possession of the license and
the licensed arm. Besides, the reasons indicated in this petition at (word not readable) is not of emergency
nature.)

3. There is no such rules and orders.

4. As above at 1 & 2.

5. As at 2 above.

Now I want inputs from my fello IFGians. What should I do next. Please revert back soon as I am leaving for Delhi on 28th of this month and I want to reply before that.

[punitjalan]

I am waiting for your valuable inputs.....................

[nagarifle]

sorry to hear that, if the CS/MHA (CS a MHA yes man or stooge of the MHA) has refused then the only option left is to move the court. please wait for GBM to come in on this.

but like said earlier it is the MHA Who grants all India now, so unless you have a very good reason then they will not give. however you could get three connecting states added to your licence. that can be done at the DC office. must give a valid reason. (sorry but logic defies the babus brains)

as from what i have seen regarding court cases, they have not been achieved due to the reason that one did not have reason for all INDIA if however you live in Assam have office in JAMMU and sub office in say Delhi then it may be a good ground for all India in the court and since you travel by your car you need to carry for protection may be a good reason.

[punitjalan]

Dead end..............??
Is the reason for rejection correct legally? I mean I dont think there is any one year time frame mentioned in the arms act or the arms rules or even any notification? Moreover they say that they have not recieved any reminder letters wherease I have written two reminder letters to the DC of Nalbari. I want to go further and I want some suggestions regarding what can I ask further?

[SYED833]

Dead end..............??
Is the reason for rejection correct legally? I mean I dont think there is any one year time frame mentioned in the arms act or the arms rules or even any notification? Moreover they say that they have not recieved any reminder letters wherease I have written two reminder letters to the DC of Nalbari. I want to go further and I want some suggestions regarding what can I ask further?

@punit,
I too have filed an rti in my DC office yesterday to know the reasons for rejection for my request of extending my pistol purchase period..
About the reminder letters that you sent them,if you have sent by registered post or speed post,there will be a track id number given to you by the post office..This ID number should be quoted in your RTI.,Then they will have to give you the details..
regards.
syed..

[punitjalan]

Thanks Syed...............actually I had given the reminder letters at the DC Office by hand and the RTI was addressed to the Chief Secretary of Assam.