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Filing a 2nd Appeal and a Complaint separately


nk agarwal

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nk agarwal

Can a 2nd Appeal and a Complaint be filed on (1) receiving partial info and (2) flagrant violation of provisions of RTI Act-2005 in dealing the RTI Application and 1st Appeal?

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Prasad GLN

Sec.18 complainant is not eligible for information, and he can only pray for penalty or disciplinary action.  These reliefs are in between IC and PIO and complainant can only pray, as RTI Act ensures right to information only.

Under Sec.19, you are eligible for all the reliefs including information, praying for imposing penalty and for disciplinary action against PIO for deliberate and malafide acts.

RTI Act is silent on role of FAA, and as of present he is not within ambit of any action against him for his violations.

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nk agarwal

Thanks for reply; the issue in brief is :

(1) got some info and some info has been evaded by PIO; so for complete info 1st appeal was filed.

(2) FAA did not provide info nor passed an order for PIO to provide remaining info and disposed the appeal stating "on perusal it is found the info provided to appellant by PIO SEEMS TO BE CORRECT"

(3) An RTI Application is sent to PIO & SR Legal Officer (CHQ of a Public Authority); While dealing the RTI Application the PIO and Sr Legal Officer (CHQ of Public Authority) transferred the application quoting section 6(3),  to  another Officers of the same Public Authority who in turn quoting section 6(3) again transferrers it  to another officer; this way the application gets transferred 3 times from one officer another  officer of  the same Public Authority located in the same city; (i)  the officers deal the application in the capacity of their official designation  and not as PIOs, (ii) The signing officer does not give his name below his signature.

Now for (1) & (2) a 2nd appeal can be filed to seek info  and for penalty due to delay

For (3) I file a complaint under section 18 for the flagrant violation of RTI Act-2005 and official procedure for penalty

My query is Can I do it, file a 2nd appeal and a complaint separately arising out of the same RTI Application.

regards

nk agarwal

 

 

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Prasad GLN

please read both Sec.18 and Sec.19.

When you can get all remedies in one single section 19, why do you want to go for Sec.18.  You can pray for imposing penalty and taking disciplinary proceedings and recommendation for deputing the concerned officials for training  in your second appeal.

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nk agarwal

Its a fact that Information Commissioners seldom impose penalty even when flagrant violation of provisions exists and for delays.

When an information commissioner issues order for providing info to appellant free of cost, it implies  admission of delay and still no penalty is given.

Now, what to do when the PIO and FAA violates provisions of the Act and Office procedure in handling a RTI Application ?

 

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Prasad GLN

Appellants can only pray for better sense to concerned stake holders.  Nothing more than that.  Our country is fortunate to have such philosophy that you get what you deserve on your karma (Actions).  Even if appellants approach HC, SC no hope to get the real justice as RTI Act is most hated one with all authorities.  The simple thing no one likes to be questioned in the country.

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