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thakur.praveen.kummar

Relief on a complaint to CIC

Question

thakur.praveen.kummar

Hello,

 

I am planing a complaint Section 18 (1). What are the relief can be sought under this Section. My grounds of complaint are: (i) Non hearing of First Appeal for Five Months (ii) False information by CPIO. (iii) Misleading information by CPIO on few points.

 

What relief can be sought under RTI Act, if I file a complaint?

 

Regards,

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MANOJ B. PATEL

Daer member, You may pray to the SIC/CIC to initiate inquiry against the PIO and to impose penalty and recommend a departmental action against the PIO. Read more;

 

Sec-18 can be invoked in cases where –

 

CPIO/SPIO is NOT appointed by the Public Authority,

CPIO/SPIO has refused to accept Application under Sec-6 for information,

CPIO/SPIO has refused to accept Application underSec-19(1), (2) & (3) for forwarding it to CPIO/SPIO, First Appellate Authority, CIC/SIC,

Refused access to any information requested under this Act,

Not responded to the request for information or access to Information within the time limit http://www.rtiindia.org/forum/blogs/raveena_o/1990-rti-time scheule.html

Amount of fee charged is considered unreasonable,

Incomplete, misleading or false information has been supplied.

There is no specified time limit for making COMPLAINT under Section-18.

 

 

Under Section-18, CIC or SIC has power to initiate inquiry, if it is satisfied, that there is reasonable grounds to inquire into above mentioned matters. CIC or SIC enjoys the same powers of Civil Court while trying a suit under Code of Civil Procedure 1908 in respect of –

 

 

Summoning and enforcing attendance of witnesses, compel them to give oral or written evidence on oath, produce documents or things.

discovery and inspection of documents

receiving evidence on affidavit

requisitioning any public record or copies thereof from any court or office

issuing summons for examination of witness or documents or any other matter prescribed.

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Prasad GLN

What is your priority ? If information is your priority, never file complaint under Sec.18.

Have you filed second appeal before concerned IC in time within limitation period, go for second appeal if it is within limitation period.

If it has crossed limitation period, try to get the same information by asking some of your friend to file the same application in his name, and escale it to second appeal level, and in first appeal specifically seek personal hearing with bold and underlining prayer.

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Sunil Ahya

> While filing a second appeal under section 19(3) with the CIC, just change the title as follows:

 

TITLE:

 

Second Appeal u/s. 19(3) CUM Complaint u/s. 18(1) of the Right to Information Act, 2005.

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MANOJ B. PATEL

R/sir, if it is appeal cum complaint, will SIC/CIC proceed further u/s 18 and u/s 19 both to gather? Please guide.

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karira
R/sir, if it is appeal cum complaint, will SIC/CIC proceed further u/s 18 and u/s 19 both to gather? Please guide.

 

Legally it would be correct to proceed on both front fronts - Sec 18 & Sec 19(3)

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