I had applied for some certified documents on behalf of my company from ESIC Raipur. The Central Information officer has rejected my application showing the reason that section-3 of the RTI Act only limits to the citizens of India. I had appealed before the Appealed before the Applet Authority i.e. Regional Director ESIC clarifying that I had made my application under section 2(n) of RTI Act-2005. on behalf of my company. My appeal also rejected by the Applet Authority. and advised to appeal before Central Information Commission. I request someone who better advise me in this regard....
From India, undefined
1From India, undefined
Dear Mr. Subrata kumar Mishra
The only prerequisite for person seeking information under this Act is that he shall make a request in writing or through electronic means in English or in Hindi or in the official language of the area in which the application is being made. It is clear therefore, that asking the applicants to declare any form of allegiance is ultra vires (beyond the vested power).
There are couple of judgments where the commission in its subsequent decision, has been of the view that proof of Indian Citizenship could be asked for in cases where there is reasonable doubt to citizenship of an applicant.
In case of Chanderkant Jamnadas Karira vs. Vice President’s Secretariat CIC/WB/C/2009/900352] dt.10.1.2010, commission had recommended that it is only in cases where there is a reasonable doubt as to the citizenship of the applicant that the public authority may seek proof of citizenship, which presumably is the objective of the above clause.”
You may approach commission with all relevant judgments and make a appeal.
Regards
Shailesh Parikh
99 98 97 10 65
From India, Mumbai
The only prerequisite for person seeking information under this Act is that he shall make a request in writing or through electronic means in English or in Hindi or in the official language of the area in which the application is being made. It is clear therefore, that asking the applicants to declare any form of allegiance is ultra vires (beyond the vested power).
There are couple of judgments where the commission in its subsequent decision, has been of the view that proof of Indian Citizenship could be asked for in cases where there is reasonable doubt to citizenship of an applicant.
In case of Chanderkant Jamnadas Karira vs. Vice President’s Secretariat CIC/WB/C/2009/900352] dt.10.1.2010, commission had recommended that it is only in cases where there is a reasonable doubt as to the citizenship of the applicant that the public authority may seek proof of citizenship, which presumably is the objective of the above clause.”
You may approach commission with all relevant judgments and make a appeal.
Regards
Shailesh Parikh
99 98 97 10 65
From India, Mumbai
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