Dear Manoj

1) I think you made a tactical mistake. (I may not have all the facts)

2) When CPIO refused you information citing "information is already in
public domain" you only filed a section 18 complaint but did not file
a section 19 First Appeal. You must appreciate that these are 2
different remedies with different reliefs (I stress that you are
asking for different reliefs in 18 versus 19). Considering a complaint
(or not) is a DISCRETIONARY power, a First Appeal is NOT being TIME
BOUND - you must never neglect lodging a First Appeal even if you have
filed a Complaint.

2) Now the first point is, if your complaint was not taken up for
"inquiry" u/s 18(1) (CIC has every power not to take it up - "may")
you have every right to file an RTI to CIC seeking to know reasons for
this.  But If ANT's order was passed against you (in your absence)
u/s 18(2) - and not 18(1) - then you have a right to know why you were
not heard and also how the inquiry was conducted - this is also RTI'able.

3) The GROUNDS of your complaint are also very important.

4) I think the sole ground for 2nd Appeal now should be 19(5),
namely that the FAA malafidely failed to provide you a personal
hearing or other opportunity to DISPROVE the CPIO's denial.You can
discuss this Offlist with me. You can also stress that there is no
legal provision for CIC to convert a Complaint into First Appeal.

Sarbajit

--- In [email protected], "Manoj K. Kamra" <[EMAIL PROTECTED]> wrote:
>
> In my complaint against ROC,Jaipur--CIC/AT/C/2008/00177(decision not 
> available at CIC website,but in case status of cic site-
> entering "kamra" in applicant name,this is available.) , ANT have 
> remanded back my complaint to FAA.AA have again upheld CPIO view.So 
> I will again have to file second appeal.Prevailing system 
> of "socalled" information in public domain is infeasible for general 
> public(except professionals having online Account with MCA).
> 
> 1.Actually,MCA(ministery of company affairs) have fixed 50/- 
> prepayment through challan for information of one company(whose name 
> has to be given in challan form at Bank).This can be deposited only 
> during banking hours.
> 
> 2.50/- is valid for 2 hours OR DISCONNECTION FROM INTERNET.This 
> means once internet connection disturbed by any reason,50/-deposited 
> become useless.So again go to bank,deposit 50/- through challan.Such 
> vicious cycle goes on if one wants to gather information of 2-3 
> companies.
> 
> 3.In MCA website,there is no link which gives names of all companies 
> registered at ROC Jaipur their addresses(My desired information).BUT 
> CPIO&AA HAVE BEEN MAKING FALSE CLAIM OF THIS INFORMATION TO BE IN 
> PUBLIC DOMAIN.
> 
> 4.For it,ROC have been claiming 30/- per page as per company act and 
> to get names,addresses of companies registered at ROC,Jaipur,I will 
> have to pay Rs.16000/-.
> 
> Kindly suggest how to file second appeal to get desired information 
> in CD.
> 
> With regards
> Manoj K.Kamra
> 
> --- In [email protected], Sidharth <sidharthbbsr@> wrote:
> >
> > Now that this decision is out in the public, what to do with ANT's
> > convoluted logic?
> > 
> > 
> > >
> > > The direct link to the order is =
> > > http://cic.gov.in/CIC-Orders/AT-12042007-01.pdf
> > >
> >
>


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