Of late defiance of orders of Information Commissioners has become rampant. The only remedy with the information seeker is to lodge a complaint with Chief Information Commissioner, who routinely issues another order for compliance that too after a delay ranging from 6 to 36 months depending upon efficiency and pendency of CIC/SIC. Commissions hardly invoke powers of Civil Court vested in it u/s 18.3 to ensure speedy compliance with its own orders.
Hence I suggest that if after two months of
Please be aware that the PIO's decision is not the final word in a given matter and that as a RTI Applicant you have an access to three tier hierarchical system by way of first and then second appeal under the RTI Act, as described below:
> RTI Application u/s. 6(1) with the PIO,
> Not received the information / not satisfied with information supplied by PIO / no decision by PIO,
> File a First Appeal u/s. 19(1) with the concerned First Appellate Authority (FAA),
WHY DO INFORMATION COMMISSIONERS NOT IMPOSE PENALTY?
ICs are under the wrong impression that it is their discretion to levy or not to levy penalty at their will. In fact, once the breach of RTI Act is committed and not reasonably explained, the penalty must follow.
ICs are afraid because if they levy penalties, the serving govt officers may dig out their [ICs] misdoings when ICs were in service and ICs may have to face investigating agencies post-retirement.
ICs want to fo
Kindly do not worry about the exemptions at the stage of filing a RTI application, as reasoned below:
As per section 7(1):
A PIO is supposed to either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9
(Which means a PIO is supposed to either provide information or deny it under section 8 and 9).
As per section 19(5):
In any appeal proceedings, the onus to prove that a den
RTI applicants face the problem of language of reply, especially if the information is sought from other states. I had sought information from BBMP [municipalcorporation] Bengaluru and had requested that information be supplied in English. However, I received a reply in Kannada and I had to email to my relative to translate it.
I append below relevant extract from a judgment of High Court of Uttarakhand.
I infer that information supplied in language which the applicant does not underst