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avinash_hyd007

Complaint U/s 18(2)

Question

avinash_hyd007

Can we submit complaint U/s 18(2) of RTI Act to State Information Commission to enquire into the irregularities committed by concerned staff in Govt office by enclosing all the relevant documents

 

Sent from my CPH1701 using RTI INDIA mobile app

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Prasad GLN

The inquiry mentioned in the Act is confined to complaints on RTI against PIO not providing information / denial of information / misleading information alone, and even in those cases, on very, very rare occasions ICs ordered for such inquiry even when malafide denial is manifest in decision or misleading information. That is ornamental clause. Delhi High Court decided that applicant has right only to seek information alone and can not say on any thing other than information, it is in between IC and PIO.

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Sunil Ahya

It is a well establish principle in law that, a Statute has to be read as a whole and in its context, therefore section 18(2) has to be read along with section 18(1) and cannot be read independently in isolation.

 

If the facts of your case fall within the provision of section 18(1) then and then only can the rest of the provisions of section 18 can be invoked by the Information Commission.

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