Jump to content
News Ticker
  • NPAs under PM Modi's Mudra scheme jumped 126% in FY19
  • shows RTI
  • RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
  • 509 per cent rise in cases under child labour law: Study
  • The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
  • Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
  • Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
indraajeet

Victory for RTI - Dr. Nazrul Islam vs State Of West Bengal 2016

Recommended Posts

Prasad GLN

One of the best decisions by any HC , must be preserved as a record to copy and paste as each sentence is studded with precious observations.

Share this post


Link to post
Share on other sites
indraajeet

I think, action against FAA would be possible if IC takes these lines into note while judging -

"The Department has appointed SPIO and a first Appellate Authority who are officers of the Department. If such Officers did not discharge their duties, the department must own up responsibility for the same. The Department must accept the liability for any negligent act of commission or omission on the part of its officers in the course of their employment or discharge of their duty. This is akin to vicarious liability, a well- recognized tortious principle of law. It is the Department who has to compensate a citizen for any loss, detriment or harassment suffered by him by reason of failure of its officers to perform their duty. It makes little difference whether such duty is statutory or non-statutory. It does not lie in the mouth of the Department to say that it is an inanimate or impersonal entity and responsibility and liability should be fixed only on its officers. The Department must make good the loss suffered by a citizen by non-discharging of their duties by the Department's recalcitrant and indolent officers and, thereafter the Department is at liberty to take appropriate steps against its erring officers and bring them to books. In fact, the Department should recover from its concerned officers the compensation that the Department has to pay to the affected citizen."

Share this post


Link to post
Share on other sites
Prasad GLN

IC can not take any decision against FAA, as there is no such action stated / stipulated action against FAA under RTI Act. It is a different matter if public authority decides on the issue on their own.

Share this post


Link to post
Share on other sites
indraajeet

IC cannot take any decision against FAA, but IC can definitely facilitate it.

 

u/s 19(6), the FAA has the obligation to record reasons for delay over 30 days in writing –

“An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.”

 

Errant FAAs do not do this.

 

I prefer to include in Second Appeal a prayer to IC like –

“Require FAA to supply me in writing with affidavit the reasons as required u/s 19(6) why he did not dispose of my First Appeal within thirty days of the receipt of the First Appeal.”

 

Compelling the FAA to “write” something will create avenues to bring him to book … if nothing else, that will perhaps open up gates for further RTI Applications …

Share this post


Link to post
Share on other sites
Prasad GLN

Except passing on a remark / comment / stricture IC can not do any thing when the Act has not empowered him.

Members that have prayed for action against FAA may reply as to whether any action was taken against FAA by IC as per their prayers so that we can quote that example as precedent.

In LIC LIFT CASE CHENNAI, as per Court direction, CIC has withdrawn even such remarks against FAA.

Share this post


Link to post
Share on other sites
RAVEENA_O

What we are discussing in this thread is about compensation. Decision of Hon'ble Court is that the Officers of the department esp PIO and FAA are appointed by the Public Authority and the Department must make good the loss suffered by a citizen by non-discharging of their duties by the Department’s recalcitrant and indolent officers and, thereafter the Department is at liberty to take appropriate steps against its erring officers and bring them to books. In fact, the Department should recover from its concerned officers the compensation that the Department has to pay to the affected citizen and the Department cannot claim that the responsibility and liability should be fixed only on its officers.

 

IC need not take decision against PIO or FAA as far as compensation is concerned and now it is the responsibility of the Public Authority to compensate. The interpretation is that the discretion rests with the Department to fix individual responsibility. It can be PIO, FAA or any other officer(s) or staff who are the custodian of information. It is not the look out of IC as to decide which individual must pay the compensation. The department must pay compensation, fix responsibility and recover the amount form responsible officer(s), which may even be FAA. Therefore the FAA cannot absolve himself from the recovery of penalty, if ordered to be recovered by the public authority. The department may even pay from the public exchequer, if none of its officer(s) can be held responsible for the laxity.

Share this post


Link to post
Share on other sites
john21wall

Nazrul Islam said a total of 104 countries across the world have RTI and Bangladesh ranked 18th in terms of qualitative measurement of the law. He stressed the need for formulating guidelines and policies on RTI to expedite and smoothen its implementation process.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Similar Content

    • Shree Vathsan
      By Shree Vathsan
      I had sought details of loan and copies of agreement entered with World Bank, JICA etc. of IT Expressway Chennai (created in partnership with Govt of TN) However the PIO has replied that they have moved out of world bank loan and taken loan from other banks details of which cannot be disclosed under 8(1) d of RTI Act citing "commercial confidence".
      However the IT Expressway is a public limited company having entered into agreement with Govt of TN and others for developing and maintaining a particular stretch of road.
       
      Kindly help me frame a good first appeal.
       
      Sent from my SM-J510FN using RTI INDIA mobile app
       
       
       
    • shrivar1212
      By shrivar1212
      Hello,
      I require help on co-operative issue. I had filed the RTI with the PIO, Dy registrar of co-op societies seeking information on affairs of society.
      The PIO has replied stating that the information I am seeking is available with co-operative society. My query is:
      1] Can PIO direct an applicant to private body for information?
      2] The society in question comes under the jurisdiction of the PIO, since PIO is public authority and co-operative society a private body, is it not duty of PIO to seek information from society and give it to me? How can PIO direct me back to society? This is RTI application, either I have to appeal or I have to forego. I cannot complaint against reply. So I want to approach FAA, under what grounds can I?
      3] What kind of violation PIO has committed by directing me back to private society? 
      4] Does co-operative society come under the purview of RTI ACt?
      Your views are appreciated. I am fighting lone battle with corrupt system. 
       
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy