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vu2gsm

functioning of information commissioners

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vu2gsm

Hello,

An appeal that came up for hearing after 10 months was disposed off in flat one minute and looked like the Information commissioner was in a hurry to get in to a lunch at a marriage party. Is there any way to question the functioning of Information Commissioners work?

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RAVEENA_O

You can challenge the decision of the Information Commission by filing writ petition before the High Court. Otherwise the decision of the IC is binding.

 

You would appreciate that it took 11 months for your turn because a large number of Second Appeals are filed before the commissions. Therefore there is an necessity to dispose as many appeals as possible.

 

If the decision of IC is illegal or in contravention to the provisions of the Act, you must challenge it before the High Court.

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vu2gsm

I am not talking about the decision of the Information Commissioners . I am talking about their work ethics and are they another burden on the tax payers money with fat pays for retired burocrats?

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RAVEENA_O

The information commission need not follow the procedure as in civil court and pend the issue for 25 years. There are only two broad issues before the commission on any SA, [1] information supplied or not, [2] whether denial is justified and within the framework of the Act. An IC, who is disposing of matters every day, can decide these issues in 5 minutes time.

 

The Commission is also not required to adjudicate the grievances pertaining to the information supplied. Once the information is supplied, there is full compliance of the provisions of the Act. The commission has no power and authority to question the quality and nature of administrative decisions taken by public authorities, which contain in information supplied to an applicant.

 

Please post the specific issue pertaining to your Second Appeal, for better understanding of the grievance.

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karira

Thread moved to "RTI General Discussions" section.

@vu2gsm

 

The ONLY solution is to give it back there and then to the IC.

 

In my case, when the IC was looking at the clock, when it was close to 1645 hrs and a full bench hearing was on.....I simply addressed the other two information commissioners and requested them to grant leave to the third one (the one looking at the clock) to leave the room since it seems he was not interested in the proceedings. But his ethics are so poor, that after 10 minutes, I again caught him staring at the clock. At that point I simply said "Sir I know you are in a hurry and getting bored but unfortunately I am not here to entertain you ! Please pay attention to what I am saying or simply take half days leave and go home."

 

He later apologised outside the room.

 

====================

 

You can act tough ONLY if the information requested is not of your personal use and you really do not care whether you get the information or not. The IC cannot do anything to you (as long as you are within limits). At most he can deny information. That is all.

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Prasad GLN

Thank God, IC has not included some other appeals also with that decision though he has not heard.

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vu2gsm

L

The information commission need not follow the procedure as in civil court and pend the issue for 25 years. There are only two broad issues before the commission on any SA, [1] information supplied or not, [2] whether denial is justified and within the framework of the Act. An IC, who is disposing of matters every day, can decide these issues in 5 minutes time.

 

The Commission is also not required to adjudicate the grievances pertaining to the information supplied. Once the information is supplied, there is full compliance of the provisions of the Act. The commission has no power and authority to question the quality and nature of administrative decisions taken by public authorities, which contain in information supplied to an applicant.

 

Please post the specific issue pertaining to your Second Appeal, for better understanding of the grievance.

 

It is ridiculous to say " the commission is also not required to adjudicate the grievances pertaining to the information supplied" . In my case I had asked , with regard to a registered society, " whetherthere have been any amendments to the Rules and Bye laws of the Association registered with you vide no 7/2004-05 dated 2.4.2004 from the date of registration till this day" . The reply I got was " Process of registration of societies was transferred from Co-operation department to Registrar &stamps department on 08.08.2012 . From that day till date no proposal to amend the bye laws have been submitted by the society. Further , on verification of the records transferred from co-op dept to this department no proposals to amend the bye laws have been transferred to this department." The answer should have been only either the amendments have taken or not. Appeal before the IC was under 18(e) for providing incomplete and misleading information with a prayer for refund of application fee as there was a delay in reply beyond 30 days. All this was provided under " Karnataka Information Act 2005" which has since been repealed. My submission was not even heard by the IC as he had to catch up with luncheon at a marriage party?. It is like answering the question " who broke Shiva Dhanus"? Answer is "not me" hi

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MANOJ B. PATEL

Dear member, you can make a representation in detail to the hon'ble Governor of concerned state with a request to look in to the matter.

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RAVEENA_O
Information sought: "whetherthere have been any amendments to the Rules and Bye laws of the Association registered with you vide no 7/2004-05 dated 2.4.2004 from the date of registration till this day".
The reply I got was "Process of registration of societies was transferred from Co-operation department to Registrar &stamps department on 08.08.2012 . From that day till date no proposal to amend the bye laws have been submitted by the society. Further, on verification of the records transferred from co-op dept to this department, no proposals to amend the bye laws have been transferred to this department."

 

The answer should have been only either the amendments have taken or not.

 

You have not pinpointed and sought any material information available with the public authority in this case, but only raised a query eliciting answer from PIO. You should have put the query in a different way to pinpoint the material information available with the public authority. The PIO, not knowing how to deal with such queries, generated reply and advised you more than what is expected from him.

 

Even otherwise, even if you pinpointed that exact information the reply would have been (looking to the facts mentioned by PIO), "no material information is available with this public authority."

 

There is absolutely no denial of information. PIO had rightly advised that no proposal for amendment had been submitted by the society.

 

What are the justifiable grounds to support any denial of information within the meaning of Sec-18(1)(e)?

 

What material information available with the public authority had been sought by you? Did you pinpoint any material information available with public authority? If so, what was/were that?

 

What is/are the specific laxity on the part of IC? What was his decision?

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vu2gsm

 

 

 

 

You have not pinpointed and sought any material information available with the public authority in this case, but only raised a query eliciting answer from PIO. You should have put the query in a different way to pinpoint the material information available with the public authority. The PIO, not knowing how to deal with such queries, generated reply and advised you more than what is expected from him.

 

Even otherwise, even if you pinpointed that exact information the reply would have been (looking to the facts mentioned by PIO), "no material information is available with this public authority."

 

There is absolutely no denial of information. PIO had rightly advised that no proposal for amendment had been submitted by the society.

 

What are the justifiable grounds to support any denial of information within the meaning of Sec-18(1)(e)?

 

What material information available with the public authority had been sought by you? Did you pinpoint any material information available with public authority? If so, what was/were that?

 

What is/are the specific laxity on the part of IC? What was his decision?

 

His decision was that no information has been denied and there is no "mis information" But when I pressed for refund of application fee for the reason of delay he closed the file and threw it towards his clerk.

Even now we can file a fresh application with PIO . You tell me how to frame it. However, the way information is given there is a escape route to PIO tomorrow to say there was an amendment not in his knowledge before the files were transferred to his department.

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Prasad GLN

"There is absolutely no denial of information. PIO had rightly advised that no proposal for amendment had been submitted by the society." is the opinion provided by Madam Raveena.

 

When an expert has guided you properly, please study those aspects without any bias. Madam Raveena has clearly explained that PIO can provide information if it is available on their records and if not SPIO ought to have replied No such information is available on record.

 

This matter appears to be very small to normal persons whereas the demand of refund of RTI fee, assumptions that PIO is trying to find out escape route appears overdosed. As there is no record of such amendment, as PIO may not be having that specific knowledge, there might be delay in knowing things and one can understand the delay and reasons for such delay.

Let us be empathetic and look into real problems/issues.

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RAVEENA_O

What were your prayer / relief sought in your complaint u/s 18(1)(e)?

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