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karira

Can a SIC pass a "prohibition cum gag" order on an appellant ? TNSIC does it !

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karira

Someone sent me this old (dated 02 June 2012) order of the TNSIC.

 

The Chief IC and two other ICs of the TNSIC have passed an order in which they have directed the Registrar of the SIC :

 

1. Not to entertain any appeal/petition/letter from the appellant, henceforth

2. Prohibit the appellants entry into the SIC premises

3. Direct officers and staff of the SIC not to even entertain his telephone calls

4. The Registrar to initiate contempt proceedings if the appellant persists

 

The order is attached to this post.

TNSIC Prohibition order on appellant.pdf

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karira

The CIC and the other two ICs need to read the RTI Act once again !

 

Really do not know the background of the matter nor have access to letters written by the appellant.

 

As per Namit Sharma review judgment of the Apex Court, CIC/SIC only perform administrative functions. They are not judicial or quasi judicial in nature.

The SIC also cannot invoke Sec 18(3) in isolation. It can only do so while hearing a Complaint filed under Sec 18.

The SIC also has no powers of contempt - as per various High Copurt judgments.

SIC has no powers to prevent anyone from entering its premises. It is a public office and no citizen can be prohibited from entry.

If the SIC is so concerned about the behaviour/language/etc. of an appellant, it can very well file a written Police Complaint and let the police proceed as per law.

It seems that these CIC and IC's think that they are the Pope !

 

PS: If the same criteria was used against me (except abusive language), I would have been banned from most SICs and the Central Info Commission by now !

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Prasad GLN

When Right to information was recognised as a Fundamental Right guaranteed under Constitution, can any quasi judicial authority (Where contempt case is not applicable) and violent citizen Charter norms enacted by TN Govt. ?

What about filing another RTI Application seeking reasons for such orders and the rules and regulations that empower them to pass such orders.

 

If you remember an ex employee has also filed several applications in Madras High Court also one should have read that Judgment.

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balaraghavan

can the judgements related to contempt powers of sic or cic be attached.

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jps50

Even if allegations made in the order are true, SIC cannot stop appellant from availing his fundamental right through RTI. At the most SIC could have filed police complaint for foul language etc. No one can stop a citizen to avail fundamental rights even when he has committed serious crime. Some one from TN should dig out the issue through RTI. Now it is in larger public interest.

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jetley

It needs to be remembered that even prisoners are not debarred from making RTI applications, so there cannot be any question of refusing to entertain the appellant's applications

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jagdish_gai

The Order is too old to be reacted or acted upon now.Besides Mr. Bharathi has not expressed on the Order, which is quite unusual.

The SIC should not have passed a blanket Exparte Order without first noticing the delinquent appellant & offering him an oppurtunity of being heard. The order is thus ultrvires the principles of natural justice & improperly issued. We should not comment so intemperately on the order, as the appellant has been, as is apearing from the record, as the Order by the TNSIC, has not been without provocation by the Appellant, on a number of times. The Order is not under any of the provisions of the RTI act, & certainly not section 18-3 of the act as suggested, which has only been quoted by the SIC. Being a public authority, the TN-SIC is well within his powers to issue an Office Order; though things have been stretched to the extreme in this case.

Besides nobody can barge into a public office without the consent of the authority & misbehave with him/her, by using foul & abusive language. You can be arrested for that.

The SIC can certainly make a reference to the Madras HC detailing the matter for issuing process aginst the Appellant, under the Contempt law, even if he is a quasi judicial authority. It is left to the discretion of the HC to proceed in the matter.

Secondly., it is only that person against whom the Order is passed who can assail it before the Madras HC.

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Prasad GLN

None of the members forum since inception supported any illegal acts or atrocious behaviour. Our Mahaguru specifically and invariably advises in most of the posts to avoid personal meets with officials. We are never against any officials. When a citizen misbehaves, as the saying goes law takes it's own course and the remedy is filing a complaint on specific issue and there should have never been such reaction from the members of this respectable forum for such actions.

But SIC without any authority passing such strictures and directives is not in good spirit. To be frank, none of the PIOs have sympathies, and every PIO (There may be exceptions) frowns on hearing of receipt of RTI Application and treats citizens as aliens, forgetting that applicant is also a citizen. The comments/remarks/actions inspire errant PIOS to resort to same actions, and hence this should be nipped in bud. At the cost of repetition none of the members in the forum support indecent language or discourteous behaviour, and one might have observed there are several editing and experts personally and most regularly several times in a day continuously follow all the posts and guides members for better solutions/remedies but never transgressed their limits.

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balaraghavan

Thiru. Barathi is my lecture and after seeing the order i had contacted him and came to know that he had already filed a petition in the chennai high court against this order.

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raviforjustice

Not just information commissioners but all quasi judicial authorities too seem to be laws unto themselves. Please see my blog 'Obnoxious functioning of consumer fora/commissions- letter to minister (of 8/1/11)' at

raviforjustice: Obnoxious functioning of consumer fora/commissions- letter to minister

 

This is what we have made of our rule of law!

 

The Order is too old to be reacted or acted upon now.Besides Mr. Bharathi has not expressed on the Order, which is quite unusual.

The SIC should not have passed a blanket Exparte Order without first noticing the delinquent appellant & offering him an oppurtunity of being heard. The order is thus ultrvires the principles of natural justice & improperly issued. We should not comment so intemperately on the order, as the appellant has been, as is apearing from the record, as the Order by the TNSIC, has not been without provocation by the Appellant, on a number of times. The Order is not under any of the provisions of the RTI act, & certainly not section 18-3 of the act as suggested, which has only been quoted by the SIC. Being a public authority, the TN-SIC is well within his powers to issue an Office Order; though things have been stretched to the extreme in this case.

Besides nobody can barge into a public office without the consent of the authority & misbehave with him/her, by using foul & abusive language. You can be arrested for that.

The SIC can certainly make a reference to the Madras HC detailing the matter for issuing process aginst the Appellant, under the Contempt law, even if he is a quasi judicial authority. It is left to the discretion of the HC to proceed in the matter.

Secondly., it is only that person against whom the Order is passed who can assail it before the Madras HC.

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