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Mahadeva NM

Complaint against PIO

Question

Mahadeva NM

If it is possible to complaint against PIO to state information commission after45 days of 1st appeal

 

Sent from my vivo 1610 using RTI INDIA mobile app

 

 

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Sunny lal
On 6/8/2018 at 7:49 PM, Mahadeva NM said:

 

If it is possible to complaint against PIO to state information commission after45 days of 1st appeal

 

Sent from my vivo 1610 using RTI INDIA mobile app

 

 

 

Section 18 (1) provides for making complaints to the Information Commission in the following circumstances:

  1. When an appellant is unable to submit her RTI application since no PIO or APIO are appointed, or they refuse to take the RTI application.
  2. When information is denied by the PIO.
  3. When information has not been provided in the time limit  provided.
  4. Where fee in excess of that specified in the rules is being charged.
  5. When an appellant has been given incomplete, misleading  or  false information.
  6. Any other matter like noncompliance of Section 4.

For 2) and 3) above a provision  for  a  first  appeal  is  also  there as per Section 19. These cases apply to a first appeal under s. 19 since        it applies to both non-decisions and any decision of a PIO. Most Commissions do not entertain an appeal  in  these  matters  until  the  first appeal has been made. Hence, it would be a good practice for appellants to file complaints to the Commission for matters covered by a), d), e) and f) and file first appeals for b) and c).

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Prasad GLN

RTI Act has not stipulated any time frame for filing complaint and individual regulations of Information Commission states "a reasonable period"

45 days is a reasonable period.

But at the same time, do not expect that IC can take up your complaint out of turn, it has to be heard in dues course may be after two years.

Remember, applicant is having right to seek information alone.  A complainant is not entitled for information under Sec.18

To impose penalty or to recommend disciplinary action is left to the discretion of IC alone and that is in between PIO and IC, and Complainant's role is only to pray and no further .

Not even .001% cases ICs levied penalty.

Do not waste time and money unnecessarily going for complaint.  As FAA has not given his orders after 45 orders go for second appeal and pray for all remedies (Information, imposing penalty, recommending for disciplinary action, compensation ) as stated under RTI Act.  Search website of IC and follow prescribed procedure

Please read Sec.18 for complaints and Sec.19 for second appeals in RTI Act.  Act is available in the forum.

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Rajesh Kumar Rti Acivitor
On 6/8/2018 at 7:49 PM, Mahadeva NM said:

 

If it is possible to complaint against PIO to state information commission after45 days of 1st appeal

 

Sent from my vivo 1610 using RTI INDIA mobile app

 

 

 

 HOW RTI MATTER COVERED NOT UNDER SECTION 2F SUPREME COURT

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