Licence application rejected seek help and Guidance :)

[NickSingh]

"First of all , carrying arms is not guaranteed under the
Constitution. Under the Arms Act , it is a privilege to
carry arms not a right."
@ Romeo24 ..woo woo dude ! Where and in which clause in the construction is written that Arms license is a privilege.
Get your infos right dude.

Here is something from our information

Article 21 of the Constitution of India

Which mandates that no person shall be deprived of his life and personal liberty except according to the procedure established by law. The procedure should also be in conformity with the principles of natural justice.

[NickSingh]

Exactly right sir .Couldn't agree more to you ..

[Sakobav]

Nick
I agree with Ashok and others plan your approach there is nothing gained from being rash and posting information that can be traced to you. I am from Punjab and getting license is getting very tough, it has to do with few cases recently where licensed weapons were used for murder/crime. Notable one was that of Chadha borthers in New delhi and others. I know some one back home who is in dire need for license but even friends in good positions are shirking from providing assistance. Best thing is discuss the matter with folks in your area and try the sports path. Getting lic is never easy to giddy up and calmly plan it and perseverance will pay off its going to be a long haul..
Cheers

[NickSingh]

@ashokgodara .. With all due respect friend Please don't get offended by anything .look all i am just trying to do is explain the situation here as I am new to all of this and i apologize if i may have said or did anything inappropriate.

Now all i need from you and other senior IFgians to guide me about my next move. just for head ups I have already drafted a RTi with help of the given format (Thx to the 'inplainsight') to get a copy of the Rejection order from the concerned department.

I have narrowed down few questions please answer if u have anything which may support the cause.

Question 1) Can i File the appeal to Dm's office Aka Dc Office as i checked its the Appellate Authority.

if not then should i try in the lower court first or just file the writ at Chandigarh high court straight away.

A little help guys

Regards
Nick Singh

[farook]

As mentioned earlier Nick Singh ji to be able to obtain the license out of the judiciary system you need to qualify under one of the three criteria s. Other wise it would be a complete waste of time appealing. At this point of time you can be sure that the application is declined...the department that you have applied to is bound by the orders of MHA

[NickSingh]

@farook Sir i am applying under the 'self protection' as i also mentioned earlier there was a alleged robbery at the premises where i live so considering to face similar situation i applied for arms license. i am concerned about the safety of my self and my family.
As i deal in fair amount if cash in daily basis.

I would have explain it more briefly but moderator says i should not revel information which can be traced back to me by authorities.

P.s - I am not yet privileged to use PM ..

[Kittu]

hi nick
In these rules, unless the context otherwise require:-(a) "Act" means the Arms Act, 1959 (LIV of 1959);(b) "appellate authority" means the appellate auhtority referred to in rule 5;(c) "authority" or "officer" means, except where otherwise specifically provided in these rules, the District Magistrate or such other officer as may, from time to time, be notified in the official Gazette by the Central Government;(d) "company" has the same meaning as that assigned to it in the explanation under Sec. 33; (e) "dealer" means a person who by way of trade or business, manufacturers, converts, repairs, proves, tests, sells, exports, imports, or transfers or keeps for sale, repair or test arms or ammunition;(f) "District Magistrate" includes -      (i) Omitted by G.S.R. 947, dated 24th August, 1973.      (ii) in relation to any district or part thereof, an Additional District Magistrate or any any other officer specially empowered in this behalf by the Government of the State concerned;      (iii) in relation to a Union territory, any officer specially empowered by the Central Government in this behalf;      (iv) in relation to the tribal areas of Assam, specified in Part B of the table appended to para. 20 of the Sixth Schedule to the Constitution, a Political Officer; and      (v) in relation to the suburbs of Calcutta, as defined by notification issued from time to time by the Government of West Bengal in their official Gazette under the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866), the Commissioner of Police, Calcutta and a Deputy Commissioner of Police, Calcutta, nominated by the State Government in this behalf
http://www.abhijeetsingh.com/arms/india ... e_1_5.html
in your case appellate authorty should be Commissioner of the Division

[NickSingh]

@ ashokgodara.. sir i checked there is no such post of Commissioner of the division i live in.
Now ???

And arms act says this

(ii) above, in which
there is no post of
Commissioner of a
Division, the State
Government.

[Kittu]

nick
check carefully there should be commissiner.punjab have five divisions
http://punjabrevenue.nic.in/RTI_Manual_DIV_Patiala.htm

[NickSingh]

@ashokgodara .sir please check the link below


http://www.sarkaritel.com/states/office ... strict=639

My district doesn't fall under any of these.
felling giddy

[farook]

@farook Sir i am applying under the 'self protection' as i also mentioned earlier there was a alleged robbery at the premises where i live so considering to face similar situation i applied for arms license. i am concerned about the safety of my self and my family.
As i deal in fair amount if cash in daily basis.



I would have explain it more briefly but moderator says i should not revel information which can be traced back to me by authorities.

P.s - I am not yet privileged to use PM ..

If you want me to help you further I would need more info. Moderator pls enable his PM

[Kittu]

@ashokgodara .sir please check the link below


http://www.sarkaritel.com/states/office ... strict=639

My district doesn't fall under any of these.
felling giddy

nick
your distt may fall under ropar division.its new deviision
http://archive.indianexpress.com/news/r ... on/731282/

[spin_drift]

@NickSingh
No, need to file a RTI request at this time.... Once you are officially notified that your application has been rejected the licensing authority are required by law to give you the reason in writing... and once you get that consult a lawyer and take the matter up in the court of law.

However, if you do not get the reason for rejection in writing then you do an RTI...

[Kittu]

@NickSingh
No, need to file a RTI request at this time.... Once you are officially notified that your application has been rejected the licensing authority are required by law to give you the reason in writing... and once you get that consult a lawyer and take the matter up in the court of law.

However, if you do not get the reason for rejection in writing then you do an RTI...

rightly said spin drift
it not good time for rti.
nick just shoot a reminder to LA via speed post and keep reciept with you.dont forget your lic application number.manytimes files are kept under burden of other files.get the order from LA whether its in favor of you or against you

[NickSingh]

Alright thanks heaps guys.. will let you if anything cones up..



Best Regards
Nick Singh