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Weather, the decision given by Information Commissioner using Copy Paste acceptable under RTI Act?


garg0505
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RTI Foundation of India

Information Commissioner is required to keep a balance in the matter placed before him 12 Jun, 2021 Ref: CIC expresses severe displeasure over the conduct of the then PIO for not providing timely reply http://www.rtifoundationofindia.com/cic-expresses-severe-displeasure-over-conduct-then Comment:  The above mentioned decision of learned Information Commissioner, is like a miscarriage decision and not as per provision of RTI Act. While before exercising his powers to adjudicate decision, the IC is required to keep balance in between matter placed before him either by Appellant/ Complainant and respective PIOs. Thus, the arguments put forth by Appellant/ Complainant has not been taken into account and counter arguments put forth by IC in the case rather accepted the submitted by PIOs and no counter arguments are available in this decision. Most probably in the grab of COVID-19 effect an opportunity being encashed to dispose of cases by Copy Paste. Good Luck. Name: Vinod Kumar Garg Email id: garg0505@gmail.com

Read more at: http://www.rtifoundationofindia.com/information-commissioner-required-keep-balance-mat#.YMW2t1PhU0E

 

RTI Foundation of India
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I have seen clubbing of 8 RTI applications in one CIC decision after Audio, personal Hearing at New Delhi was sought, only three queries were heard and CIC delivered a decision on all RTI Application, without even referring to written submissions filed before IC.  The attitude shown in personal hearing was cordial and the decision invariablly quotes CBSE vs.Adityanath Bandopadhya, by comparing thousands of applications by one CPIO in a month in CBSE, with hardly one application dealt by that authority for one month for ten years.  I have my own doubts that some ICs hardly write one or two sentences in the heard queries and the rest of pages are prepared by some subordinates.  There is also no review and one has to approach through writ to HC and wait for few more months to get a decision.  One can not help if there is no sincerity in performing duties by those who draw heavy emoluments and coveted post after retirement.  Also appreciate the limitation of time during VC or AC and still there is no recording of submissions.  You can ask a friend or relative to file fresh RTI Application in his name for that information that was not provided (Incomplete).  Your query is not clear as to whether all applications and queries on each application was heard and as to whether you have filed written submissions immediately by fax on same day as minutes of hearing.

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On 6/18/2021 at 11:30 PM, Prasad GLN said:

I have seen clubbing of 8 RTI applications in one CIC decision after Audio, personal Hearing at New Delhi was sought, only three queries were heard and CIC delivered a decision on all RTI Application, without even referring to written submissions filed before IC.  The attitude shown in personal hearing was cordial and the decision invariablly quotes CBSE vs.Adityanath Bandopadhya, by comparing thousands of applications by one CPIO in a month in CBSE, with hardly one application dealt by that authority for one month for ten years.  I have my own doubts that some ICs hardly write one or two sentences in the heard queries and the rest of pages are prepared by some subordinates.  There is also no review and one has to approach through writ to HC and wait for few more months to get a decision.  One can not help if there is no sincerity in performing duties by those who draw heavy emoluments and coveted post after retirement.  Also appreciate the limitation of time during VC or AC and still there is no recording of submissions.  You can ask a friend or relative to file fresh RTI Application in his name for that information that was not provided (Incomplete).  Your query is not clear as to whether all applications and queries on each application was heard and as to whether you have filed written submissions immediately by fax on same day as minutes of hearing.

Thanks for your kind consideration and reply of my quarry. Further following clarifications are as as under: 

1. The Information Commissioner was is in so hurry that he gives me only 2 to 3 minutes of hearing wherein I tried to explain my submissions one by one and told that I have not received any reply as claimed by PIOs therefore, one complaint pertains under section (18), wherein action is required as per act. To my dismay, the information commissioner didn't given a time to argue the PIOs and disconnect the phone.

2. Since the 2nd appeal no CIC/NDMCN/A/2020/693402 was a sensitive one pertaining to complain matter under PIDPI resolution and written submission was also sent prior to hearing, and same has been acknowledge by copy paste in their decision but not bother to cognizance while giving his decision by acknowledging the PIO submission without cross check.

For your kind reference I am emailing you copy of 2nd appeal and written submission.

3. Since the developments so happens was quite disturbing and was disappointing therefore, it never came in my mind to send my written submission in the form of protest.

Thanks and regards,

Written submission before IC in file no 693402.pdf Appeal under section 19 against PIO viglance NDMC.docx

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Our great guru Hon'ble Karira used to say as to whether it is possible to get favourable decision from CIC, that it depends on "weather"!!!  (Most unpredictable)

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