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nk agarwal
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If during 2nd Appeal, the information sought reveals indications of corruption/corrupt practices prevailing in the office of Public Authority, Can the IC recommend to the Govt. to conduct an enquiry and take follow up actions or he has to close his eyes and only issue orders to provide sought info to the appellant?

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It depends on ICs and seriousness in issue.

The latest of such cases is by our member Harinder Dhingra.

His case on malpractices in departmental examinations was ordered for investigation by IC.

The IC that gave the decision is peculiar and overlooks rules.

But recommendations always remain as recommendations, if public authorities wish to protect their own employees, they suppress material facts,' take lenient view and makes the enquiry a drama / farce.

If the applicant is having such information, he may file it to concerned other depts like corruption, CVC, Vigilance and they may take up the case even at the request of any citizen.  A citizen is a police without uniform.

A citizen can also structure the allegations and documents pucca and can pray for treating it as private criminal complaint. before HC and issuing writ mandamus

Every day you can see atleast one HC order for probe by CBI.

An appellant can pray, but whether he provides such co operation or not is not known, as he has to either penalize or recommend for disciplinary action alone against PIO..

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My query is that is there any provision under the RTI Act under which the ICs can issue orders for investigations and follow up or the ICs under the  inherit powers as that of Civil Court ( Section 18(3)) can issue such orders?

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Section 18 is fine; then how the following objectives as enshrined in the preamble to the RTI Act-2005 are achieved :

(1) "....inorder to promote transparency and accountability in the working of every public authority"

(2)"....... to its functioning and also to contain corruption and to hold Governments  and its instrumentalities accountable to the governed"

 

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Getting information is always different from further remedies as per statute.

Because some one has done some violations, IC can not sit to investigate and take action on guilty.

His job is confined only whether the  information in his custody was provided is correct, complete and if there is malafide denial.

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