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Ajit Borade

Which Information Commissioner shall I file my second appeal with ?

Question

Ajit Borade

Dear Sirs,

I have been immensely benefited by the guidance of all you rtiindia members.

 

I have filed numerous RTI applications and first appeals with Appellate Authorities in various govt. departments after getting guidance from your site.

 

Now, in some of the cases I wish to file my second appeal to CIC because i am not happy with the decision of FAA.

 

In that regard, As we know Maharashtra CIC has 7 information commissioners and one Chief IC.

 

ICs are at Pune, Konkan, Greater Mumbai,Amaravati, Nashik, Nagpur and Aurangabad.

 

My query is, if I wish to file my second appeal against a SPIO located at Aurangabad, Is it mandatory for me to file it to the information commissioner at Aurangabad only, or as I stay in Pune, can I file my second appeal to the information commissionaire located at Pune ( or for that matter with any of the 7 information commissionaire of my convenience) ?

I other way, as an applicant, do i have a liberty to approach any one of the 7 information commissioners with my second appeal, irrespective of the location of SPIO.

 

I request learned members to please enlighten me.

 

Thanks..

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karira

Check the Maharashtra SIC website (or call them) and ask as to how is the "jurisdiction" divided between different Commissioners.

Is it based on location of the applicant, location of the public authority, etc....

 

Alternatively read some of the orders uploaded on the Maharashtra SIC website...that will also give you an idea about the jurisdiction issue.

 

It will be mandatory for you to file the Second Appeal at the SIC office which has jurisdiction over the issue.

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Sunil Ahya

As per the file attached by Raveena_O, Maharashtra State Information Commission, Pune Division has published some information in compliance with section 4(1)(b) of the RTI Act.

 

Geographical jurisdiction of MSIC - Pune has been laid down in Point No. 6 on page No. 2 of that file.

 

But I could not find at any place in the document, where it has been clearly laid down whether that jurisdiction is with reference to the location of either a Public Authority or an Appellant or Both.

 

Ideally, I believe Information Commission should function the way High Courts function, but having said that, unless you would like to prove a point, it is better to file your second appeal with an Information Commission with reference to the territory of a Public Authority.

 

I have quoted below an opinion expressed by Advocate Manish Singh on another forum on the subject matter of territorial jurisdiction of High Courts:

 

you can file a writ where the cause of action,may be in a part, has arisen, apart from the freedom of filing it at the registered place/business place/ head office of the state/department etc, but the cause of action must be determined basing on facts and circumstances keeping in mind the substance of the same. Please go through the following recent judgment of the Apex Court on the same subject with good explanation over it.

 

also, we must keep in mind that the company must be either a state or engaged in public functions to be named a party in the writ.

 

"Alchemist Limited and Another Vs. State Bank of Sikkim and Others Decided on 16/03/2007"

Web Link to the Opinion expressed above: Writ_Territorial_Jurisdiction

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dr.s.malhotra

It is not clear whether all SA / Complaints are to be filed with SIC , Mumbai where CIC sits or whether the same are to be filed before different respective benches of SIC Maharashtra as per their jurisdiction . Secondly the criteria for determining the jurisdiction has too not been defined under s.4 declaration . Interestingly , it is mentioned u/s 4 declaration that CIC of Maharashtra will hear Complaints whereas the ICs will hear Second Appeals .

Ideally , all SA/Complaints should go where CIC sits at Mumbai , from where the same could be distributed as per jurisdiction criteria or allotment of work type to ICs of different benches in the state .

Someone from Maharashtra should clarify the issue .

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Sunil Ahya

I am aware of the fact that the SCIC at Maharashtra has a staff shortage and so practically it may be difficult for them to sort appeals/complaints with reference to appropriate jurisdictions and forward them accordingly.

 

In fact the ground reality is that all the Information Commissions across Maharashtra has a staff shortage ranging from 20 to 35% !

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karira
I am aware of the fact that the SCIC at Maharashtra has a staff shortage and so practically it may be difficult for them to sort appeals/complaints with reference to appropriate jurisdictions and forward them accordingly.

 

In fact the ground reality is that all the Information Commissions across Maharashtra has a staff shortage ranging from 20 to 35% !

 

Shortage of staff or Information Commissioners should not mean that appellants/complainants are left bewildered as to what is the exact "jurisdiction". Someone should have thought of this earlier and put up the clear jurisdiction on website.

 

If Ajit Borade, who has filed numerous RTI applications/appeals, is left with this doubt....you can imagine the situation of other lesser experienced citizens.

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Sunil Ahya
Shortage of staff or Information Commissioners should not mean that appellants/complainants are left bewildered as to what is the exact "jurisdiction". Someone should have thought of this earlier and put up the clear jurisdiction on website.
My query is, if I wish to file my second appeal against a SPIO located atAurangabad , Is it mandatory for me to file it to the information commissioner at Aurangabad only, or as I stay in Pune, can I file my second appeal to the information commissionaire located at Pune ( or for that matter with any of the 7 information commissionaire of my convenience) ?

 

Sirji, in the immediate case that is being discussed in this thread, the member / appellant is clear about the jurisdictional boundaries of the SICs.

 

But the member wants to know whether he can opt to file the SA with reference to the jurisdiction of the appellant's residential location which is Pune i.e with "Pune SIC" instead of PA's location which is Aurangabad i.e with "Aurangabad SIC"?

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Atul Patankar

The question is quite interesting, and as we all have seen, there is no official position on this available on website.

 

The staff shortage mentioned creates many funny situations. We have an Information Commissioner sitting at Nashik. But he is so short of staff, that his 'office' is not equipped to receive mails. So we at Nashik have to send it to Aurangabad SIC's registry, who then transfers them to Nashik if and when they find the time.

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