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Del H.C. quashes practice of summary disposal of complaints by CIC and remanding them back


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1. In a landmark decision, Delhi High Court has quashed the practice of summary disposal of complaints by remanding the matter to First Appellate Authoity/ CPIO, without even hearing the complainant or deciding the complaint on merits

 

2. It is learnt that nearly 8600 matters have been summarily disposed by the CIC in recent years out of which more than 4000 have been disposed off by Information Commissioner Sushma Singh.

 

As regards, the grievance expressed by the petitioner that the Commission, despite its attention being drawn to the above referred decision of the Apex Court continues, while considering a complaint under Section 18 of the Act, to direct the concerned CPIO to provide information instead of deciding the complaint on merits, it is expected that the Commission henceforth will decide the complaints on merits instead of directing the CPIO to provide the information which the complainant had sought. Of course, it would be open to the Commission to give such a direction while entertaining a second appeal under Sub-section (3) of Section 19 of the Act.

 

Full judgment is attached to this post, which can be downloaded from our Download section at RTI INDIA along with other court relevant court judgements here!

Delhi High Court order quashing summary disposal of complaints by CIC.pdf

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umapathi.s

Thank you Kariraji for uploading the judgement. this judgement may henceforth put any end to the reckless remanding back the complaints to public Authorities made by citizens . We can refer the above judgment in case of other State information Commission too .

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NEED GOOD SAMARITAN VOLUNTEERS !

 

Some good samaritans should visit the CIC website, extract each and every one of those orders and write postcards to the appellants/complainants after copying down their addresses. Refer them to this judgment and ask them to write back to the IC who did it to reopen the file and rehear the case. Even if 2000 such affected persons go back to the CIC, it means extra 120 "Commissioner days" working for them....let them work till midnight and clear the backlog !

 

Ooops sorry, it will be 121 "commissioner days" because on Tuesday morning CIC will receive 20 such matters from me itself and they dare not refuse to register them. Funny thing, 4 belong to IC SS and 6 to IC DS herself - the present Chief IC.

 

The next step is to write to the "selection committee" constituted under Sec 15(3) and bring this illegality to their notice so that any IC who has committed such illegality should not be considered for appointment as Chief IC, after CIC DS retires. That will eliminate all the present ICs from contention. LOL

 

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harinder dhingra

Mr Karira,

 

I have 26 cases which I shall be sending by Monday.

 

Yes. You are right. We must write to Selection Committee so that most incompetent, egoistic Information Commissioner does not become CIC.

 

In case you help me(by giving me the inputs), I am willing to file PIL/CWP in Delhi HC in case the need arises to stop HER to become CIC.

 

harinder dhingra

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  • Super Moderator

Extract from letter from RTI LEGAL AID Society

 

 

  1. I have drafted two such Rectification applications, one for complaints and other for appeals so that citizens who have suffered at the hands of CIC malpractice, could be helped.
  2. I am attaching a copy of my letter addressed to such sufferers alongwith drafts of these two applications.
  3. You are requested to circulate the same to the maximum so as to bring in awareness among the RTI users about the CIC malpractice being severely dealt with by Delhi High Court.

1-CIC malpractice letter 11.11.2013.docx

2-General ROM for complaint to CIC.doc

3-General ROM for Appeals to CIC.docx

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I think this thread is related to the following thread, where i had mentioned in my post(#3) on several such irrational orders.

 

http://www.rtiindia.org/forum/116356-how-tackle-sic-cic-remanding-matters-back-faa-confusing-between-appeal-complaint.html#post285289

 

The High court order & the rectification applications will definitely serve as weapons against such irrational IC orders.

 

 

R K Mishra

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In a reply to a RTI application, the CPIO of CIC has informed that from 01 Jan 2013 till 07 Nov 2013 (slightly more than 10 months),

IC RM returned back 1255 Complaints without conducting a hearing.

 

In the same period, another 465 Complaints / second appeals were returned for being "deficient".

 

The RTI reply is attached to this post.

CIC- 1255 Complaints decided by IC RM without hearing..pdf

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Prasad GLN

In my opinion, most of the PIOs are providing information on such RTI complaints treating CIC directions as an order, and even if applicant is not satisfied the appeal period once again commences from date of Information/rejection by PIO. Enquiry or Appeal hearing an appellant is not bothered about the powers but the ultimate aim is getting information as speedily as possible with less costs of commuting to CIC. If members gather on fate of such redirected complaints, the results are positive in most of the cases, as appellants are being provided the information with more care and precaution as directions are from CIC. I feel that it is also good to applicants to maximum extent ignoring legal stand.

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I think, instead of flooding CIC on this issue, let us file maximum 10 applications and see what transpires.

 

What do you mean by that ?

 

The idea is to ensure that CIC follows the RTI Act in both letter and spirit. They should not be allowed to get away with the murder of the RTI Act.

 

You yourself have written to the CIC several times about this. So have many others. I have also written as well as brought this issue up in most visits that I have made to Delhi. But none of the ICs (past or present) ever listened. Even ex IC Shailesh Gandhi has passed such orders !

 

They were ONLY interested in "disposal" rates being increased.

 

Now that the court has ruled that they were incorrect, isn't it their duty to correct their mistake and rectify the errors that they made intentionally ? Obviously, no IC can pass 4300 orders or another IC pass 1255 orders unintentionally !

 

Just go to the CIC website and compare the above numbers with the total disposals by those ICs - you will not know whether to laugh or cry.

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I feel that it is also good to applicants to maximum extent ignoring legal stand.

 

I hope you have heard of the English saying:

 

"Give them a inch and they will take a foot"

If you let any IC in India get away with anything, the next time he will get much bolder to do worse things to the RTI Act. Law is the Law - even if it is an ass.

 

Which IC has excused any complainants/appellants mistakes ?

So why should you excuse their mistakes ?

 

It is not always right to ignore the "means" which achieve the "end". Just because something is to our advantage, does not mean we have to keep quiet about it and let it be. That is called "Chalta Hai" attitude and you well know where our country has landed up because of that attitude.

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nk agarwal

Hopefully such exposures of CIC performance may bring a change in attitude.

"Chalta Hai" attitude is the main cause of all malaise in our society and public duty.

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Prasad GLN

I beg to differ with Mahaguru. The ultimate object is getting information speedily without expenses. Law enforcement is responsibility of authorities. Applicant is interested only in getting information. If CIC is adopting this specific system (however unlawful it might be) , disposal is that much, if they take up these complaints also, ultimately the applicant has wait for years for getting information, after CIC decision.

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Here is the entire program (in two parts) from DD program Janane Ka Haq, on the Delhi HC judgment:

 

 

 

 

 

 

 

&fs=1" width="644" height="390">
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">http://www.youtube.com/watch?v=

 

 

 

 

 

 

http://www.youtube.com/watch?v=http://www.youtube.com/watch?v=LFj5vfKd99E

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Ex IC M L Sharma is giving the most silly of excuses on every issue, in that program, including blatant lies about how many penalties he has imposed

 

I wish that I was there in the program to rebut him on each point of he made - with all the evidence, even though he was speaking through his hat without any documentary evidence.

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nk agarwal

Quite a few of my RTI applications have had a passage up to CIC but, I remained dissatisfied as to my dismay I found the CIC is not sensitisied about the different provisions of RTI Act-2005 and the letter and spirit of it. They do not fine/impose penalty even where there is gross violation of the RTI Act provisions by the CPIOs/AAs and PAs. Unfortunately the CIC has assumed the role of a facilitator than as a Quasi-judicial role on merit. Due to this the CPIOs and FAAs have no fear of CIC resulting in accumulation of 2nd appeals/complaints with CIC and this delay defeats the very purpose of the RTI Act and most of the delinquent CPIOs get transfer or retire.

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Thankful to Karira sir for the video links.

 

Ex IC M L Sharma is giving the most silly of excuses on every issue, in that program, including blatant lies about how many penalties he has imposed

 

I wish that I was there in the program to rebut him on each point of he made - with all the evidence, even though he was speaking through his hat without any documentary evidence.

 

In addition to that, what i have been saying time and again, the same was pronounced by former IC ML himself unequivocally(part-2):

 

" We meet the same PIOs frequently. If they were perfect for last 10 times, and make a mistake for once, we condone them."

 

It is now Cristal clear that the frequent visit by same representative, makes a bond with the ICs; and the hapless rare visitor appellant receives "babaji ka thullu".

 

I too could show evidence for my own case (complaint)!

 

At the last moment, with conspicuous evidence, i could compel him to issue a show-cause to the representative of PA.

 

Later, a misleading written explanation by the respondent (and my counter argument) was received by CIC.

 

Strangely, he closed the case without a speaking Order, and without Penalty!

---------------

 

If the same query (for how many cases you have penalized?) will be asked to former IC SG, he would confidently answer the truth without the help of fallacy.

 

 

R K Mishra.

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sharadphadke
Some good samaritans should visit the CIC website, extract each and every one of those orders and write postcards to the appellants/complainants after copying down their addresses. Refer them to this judgment and ask them to write back to the IC who did it to reopen the file and rehear the case. Even if 2000 such affected persons go back to the CIC, it means extra 120 "Commissioner days" working for them....let them work till midnight and clear the backlog !

 

I have started getting enquiry in response to my post cards sent to about 50 persons as trial. Now I will re start work after District Court Date for FIR review on 26th

 

Printing cards and pasting address takes time but it is worth doing this. I am quoting my link to join forum.

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  • 2 months later...
Prasad GLN

Many complainants received well drafted written petitioners to CIC from Shri R.K. JaIn which is very exhaustive quoting 21 HC Judgments, and some received post card of Shri Sharad Phadke.

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http://www.rti.india.gov.in/cic_decisions/CIC_RM_C_2013_000161_M_123742.pdf

 

To hell with Delhi HC judgement. RM is the boss here.

 

u/s 18 (2), Where the Central Information Commission or State Information Commission, as

the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it

may initiate an inquiry in respect thereof.

 

It is clear that the Commission did not initiate any enquiry by itself, but orders to enquire by FAA, who has no powers u/s 18(3), if at all s/he has genuine intention to investigate into the matter.

 

It's like asking a Vulture to serve as a Doctor.

 

 

"In exercise of powers vested under Section 18(2) of the Right to Information (RTI) Act, we

direct the First Appellate Authority to enquire into the allegations made by the

Complainant and after giving him an opportunity of hearing, to pass an appropriate order

within 4 weeks of receipt this order."

 

 

 

 

 

R K Mishra

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  • 3 weeks later...
Prasad GLN

Any success stories from complainants for their petitions to CIC stating this as mistake in deciding the complaint?(RK jain has sent formats to all such complainants and asked them to file with CIC)

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sharadphadke

He should have asked FAA to submit report to him for further orders then it would have been some what correct.

 

This rute was followed by SG in Bank of India Case. I did get some information but it was manipulated.

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