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file civil suit in high court against commission or commissioner


jasmine_rticell

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jasmine_rticell

I have been appeared before the commission 10 times but commissioner is not bring taken action u/s 20 of tract against respondent whereas, respondent have been appeared only 1 time. When I request to commissioner to take cogent action respondent he said first when respondent will come then I take any action even that I request many times to commissioner but he didn't. Please let me know what can i do

1) should I written a letter to chief information commissioner and to produce brief contents, if yes then please send a sample letter.

2) file civil suit in high court against commission or commissioner

 

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RAVEENA_O

Imposing penalty is at the discretion of the Commission. You cannot insist the Commission to do a particular act. However, if you are not satisfied with the decision of the Information Commission, and have time, money and resources, you can challenge the same by filing writ petition. You may consult a good lawyer practising in High Court and proceed according to his advice.

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Sunil Ahya

Imposing penalty is at the discretion of an Information Commission, but that discretion is not arbitrary or capricious and it has to be based on a rational connection between the facts found and the discretion exercised (in other words, a judicial application of mind).

 

If you are eligible under section 12 of the Legal Service Authority Act, 1987 you may approach them free of charge for filing a Writ Petition with the concerned High Court. Please refer to the following link:

National Legal Service Authority

 

Else, you may engage a lawyer for the same.

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jasmine_rticell

Still no decision are being given by information commission. I request him many times to impose the fine under section 20 of rti but he always said whenever respondent may come then I will do the same... What is this.. This is clearly violation of rti act... In which section or decision in which mentioned that decision of 2nd appeal is beyond the stipulated period..

 

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Prasad GLN

Congratulations.

You have got a good commissioner and most understanding.

After enactment of RTI Act, I never even heard of any IC giving 10 adjournments like a Court. (They are empowered and competent)

But your IC is extra ordinary.

Why do you bother about Sec.20C, when you got the information, and particularly when it is not that easy to IC.

For imposing the penalty they fear God and doubt that the authority may go to Court etc.,

You are lucky . Be gracious. Ignore and save your time and money. In a vast country such stray things may happen.

My hearty appreciation for the courage of that PIO and his dedication to RTI Act.

 

I could not get any understanding on last sentence of your post on second appeal.

If you are having time and money, do not attend further hearings, wait for disposal of the case,

present these facts before HC, and if that HC Judge is understanding he may pass strictures and give a land mark judgment.

Neither the Act or regulations prescribe the time frame for disposal of second appeal.

Once again congratulations to you for your patience and perseverance, irrespective of that material of information.

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jasmine_rticell

Now my hearing on 9th aug.. What can I do if IC does not anything... I have been aggrieved from IC.. I don't know why he is not imposing the penalty to respondent. Whereas, respondent has never came. He said to me please be patience, when respondent will cm, I will impose him fine..

 

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Prasad GLN

When the ball is in IC's Court, wait and see how he plays. No one can foretell what happens with such IC .

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Prasad GLN

No action has been done again in recent hearing by IC.. Now i hv been submitted required docs to counsel in high court for issue strongly directions.

 

Who is the present IC ? Though those who follow CIC can guess name of IC, those new members may be interested to know the name of IC that used judicial powers as District Judge, after waking up of more than 10 adjournments.

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Prasad GLN

Yes. Inform the name of IC to verify in earlier decisions as to whether he has exercised such powers or not. As per Delhi HC ruling an applicant is only concerned with information and not other aspects.

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