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MANOJ B. PATEL

CIC directed PIO to treat RTI application as complaint and to inquire.

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MANOJ B. PATEL

The commission having heard the submissions and perused the record, directs the PIO/Auto Rickshaw Unit to treat the RTI application of the appellant as complaint and inquire in to the same and send action taken report to the appellant within 15 days with a copy to the Commission.

CIC_SA_A_2015_000524_M_158282.pdf

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beniwalg

under which section/provision CIC can ask for action taken report ?. he can only decide to give info and impose penalty for not giving info with in 30 days.

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jogeshwar
under which section/provision CIC can ask for action taken report ?. he can only decide to give info and impose penalty for not giving info with in 30 days.

 

 

Facts and law remaining the same interpretation can be anything as the interpreter lordship pleases.

 

is not it?

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MANOJ B. PATEL

Information Commission is not a court and IC's proccedings are quashi judicial proceedings.

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rameshverma

Information Commissions dischrges administrative functions and not judicial/quasi judicial functions. Hon'ble member may peruse para 21 to 24 of Review Petition No. 2309/2012, UoI Vs Namit sharma decided by Hon'ble Supreme court. Hon'ble IC has obviously exceeded his jurisdiction in directing the PIO to treat the application as complaint and providing copy of the enquiry report which is obviously against the intrepretation given by Supreme court in CBSE Vs Aditya Bandopadhay case.

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jogeshwar
Information Commission is not a court and IC's proccedings are quashi judicial proceedings.

 

So can they not appreciate facts and laws?

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rameshverma

Yes, but within four corners of the statute.

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jogeshwar
Information Commissions dischrges administrative functions and not judicial/quasi judicial functions. Hon'ble member may peruse para 21 to 24 of Review Petition No. 2309/2012, UoI Vs Namit sharma decided by Hon'ble Supreme court. Hon'ble IC has obviously exceeded his jurisdiction in directing the PIO to treat the application as complaint and providing copy of the enquiry report which is obviously against the intrepretation given by Supreme court in CBSE Vs Aditya Bandopadhay case.

 

 

Does it not prove that facts and law remaining the same interpretation can be anything as the interpreter lordship pleases?

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jogeshwar
Yes, but within four corners of the statute.

 

 

That is in principle but who cares in practice?

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Prasad GLN

Rember. Hon IC is not a bureaucrat but was a Professor in law in a most reputed university and persons in that profession feel that he is a competent interpreter of statute with more authority.

As citizens, we should be happy if we receive information. Whether it is appeal/complaint/grievance..let us not bother and appreciate action of ICs for over stepping his authority in helping a citizen.

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jogeshwar

There is no consensus in this thread too. IC is another human being and acted as per his conscience.

Right?

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MANOJ B. PATEL

I agree with R/Prasad sir. we should not bother and appreciate action of IC for over stepping his authority in helping a citizen of our country.

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jogeshwar
I agree with R/Prasad sir. we should not bother and appreciate action of IC for over stepping his authority in helping a citizen of our country.

 

And so justice is not what is just,fair, and reasonable. Justice is the decision which goes in favour. Right?

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MANOJ B. PATEL

Not uncommon for quasi judicial authorities, whose normal functions are administrative in

 

nature for most of the time, to blur the distinction between the two functions that they

 

perform. So much so, that even the Apex Court was constrained to observe in Orient Paper Mill

 

Ltd. v/s Union of India, AIR 1969 SC 48:

 

“It is regrettable that when administrative officers are entrusted with quasi judicial functions,

 

they are often unable to keep aside administrative considerations, while discharging quasi

 

judicial functions, though the two functions are separate. While functioning as quasi judicial

 

officers, they should not allow their judgements to be influenced by administrative

 

considerations”

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jps50

Let us view holistically rather than technically. RTI is used by applicant to question malpractice if any followed by the dealer. Now if he would have first lodged non-RTI complaint with public authority and in case of no action or inadequate action by public authority, the applicant would have used RTI and sought status and action taken report, then IC would have ordered supply of information. This would have further delayed solution and anxiety to consumer. Hence IC has taken pro-active step right at the time of hearing. We should appreciate it.

 

“The law is what law does and so justice is what justice does.”

----Justice V R Krishna Iyer

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MANOJ B. PATEL

Justice V R Krishna Iyer, a living legend and the most of ICs are not legend.

In a matter of Arun Luthra v. Chhattisgarh State Information Commission, AIR 2011 CHH 128, it was held that; Information Commissioner could not direct the PIO of Public Authority to explain its conduct with regard to alleged inaction. Moreover, Information Commissioner had gone to extent of directing PIO of Public Authority to take necessary decision within a period of 30 days and communicate final decision to petitioner. Such a direction was completely outside jurisdiction of IC.

 

 

In a decision of Tushar Kanti Chatterjee v. S.P.I.O.P and RD Directorate, No.1785(3)-(Order),decided on 25.8.2009(WBIC). Commission observed:(Commission have limited scope)

 

It is not the duty of the Commission to go in to the acts of violation of statutory function of public authory in maintenance of mandatory register etc. The scope of the Commission is limited to, as has already been said in a number of decisions earlier, to ensure dissemination of information to the applicants.

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karira

Members,

 

Please recall the old English proverb:

 

"If you give a inch, they will take a foot"

 

Same is true with ICs. If you allow them once (or a few times) to get away with a incorrect and illegal decision, they will get embolden to do it again, and again and again and again...

 

Today, this decision is considered by some of you as "helpful" to the applicant and hence you want to close your eyes to the illegality/infirmity. Will you also close your eyes when the IC goes overboard against a appellant ?

 

Always look at the long term effect of such decisions / comments etc. Don't be shortsighted just for some benefit today.

 

When analysing such orders, look at the entire "forest" and forget about the individual "trees".

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Prasad GLN

After decision, can any one of us do any thing ? Who goes to the Court for Writ the guilty PIO or the benefited applicant?

What is the long term effect of such decisions, when the tenure of IC is short ?

Is there uniformity in decisions of all ICs, or in several decisions of same IC in exactly similar issues ?

What are we doing now, when the IC is going overboard not once or twice, but many times in a month ?

We are concerned with present, we can not do any thing except the role of a spectator while clapping for a sixer, and being out for a bad ball, or for bad umpire decisions.

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jogeshwar

So according to the quoted wisdom what is exactly just,fair and reasonable?

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wahreduniya

@manoj\.B.Patel, what point can we write in a RTI to make our RTI treated as a complaint. For instance, if we have sought information regarding a person obtaining documents from various institutions by way of misrepresentation/ concealment of identity.

 

For Instance:- Delhi University FAA has told that as per the examination branch info provided to PIO & FAA the matter relates to 8(1)(j) whereas my contention is that I have enclosed each & every possible proof proving misrepresentation/ concealment. I am in the process of preparing SA but just need a one-liner which can be added so that CIC directs the PIO to treat RTI as complaint & take action. thanks

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