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My second appeals were wrongly voided by SCIC. Can I file complaints under section 18?


SubashK
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To uncover a scam and wrongdoing I had to file numerous RTI applications.  The concerned PIO himself was at the centre of the scam and wanting to suppress information. The PIO  Filed an Affidavit with SCIC stating that I have made numerous RTI applications and appeals.  SCIC held it against me on grounds that I am preventing the efficient functioning of honest officers as per a Supreme Court judgement. He made certain second appeals as void. However I have now produced before the SCIC complete and irrefutable evidence of wrongdoing against the interests  of the State itself.  I believe SCIC cannot review his own earlier orders.  However, can he take up complaints under section 18 in such cases?
 

Please guide.  With help of earlier guidance I am now hopeful of posting my success stories soon.  Much grateful for assistance from this group. 

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Any complaint to IC must be on the basis of an application as was held in our Mahaguru Hon'ble Karira's case.  You can file fresh RTI Application focusing on such facts stated through affidavit by SPIO, and seek such documents.  Then escalate it to first appeal and then second appeal.

You are the not only the alone person, and the complaints of SPIO is always applicant and without application of mind SPIOs time and again raise this idiotic complaints of repeated RTI applications from one applicant, as though the applicant is a fool to seek such information repeatedly.

I am afraid that ICs never have the time to hear the appellant and read his submissions, and many SPIOs manage that copy and paste work through Registry.  

What an applicant simply wants information and information alone.   These are the hurdles every applicant gets when he wishes to expose large interest matters that involve a public authority.   First of all SPIOs do not like RTI and think a citizen can neither seek transparency or accountability and they are Moguls.

Unfortunately the CBSE  Vs. Aditya Bandopadhya  judgment, copy and paste helps them (Even in CIC it is a regular practice).  CBSE is only one public authority that conducts examinations in entire country and lakhs of students seek information and answer sheets under RTI.  It is simply foolish to compare some other public authority that barely receives 10 applications per PIO in a month. The judgment is having real gems studded on several aspects of RTI, but SPIOs collect only pebbles and teach RTI to IC and applicants, without knowing fundamentals.  There may be some applicants that misuse/abuse this right for personal gains in matrimony affairs mostly.

Can not help.  Yes.  It really hurts.  But the play should go on. All the best.  Thank them as they have given opportunity for learning more on RTI .  But for those challenges, one can not come out successfully.

Expecting ultimate success.

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With your help and guidance over the past few years, slowly but surely the tide is turning in favour of the truth. 
 

I am hopeful that there will be full exposure of the scam in the next few months. 
 

thanks

 

 🙏

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Please avoid stating "You" as it may be interpreted as one person, Please always say FORUM. as the stalwarts sacrificed a lot and treasured their knowledge so that each member can use it .

The one quality that is needed in making best use of RTI is "perseverance" without being demotivated by the comments of Public Information Officers.

Edited by Prasad GLN
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I agree totally.  It is the Forum which has helped me.   I have received courage and perseverance from this Forum and now I am filing my petition  in the High Court shortly with all the information that I managed to collect    Will keep the Forum posted   
 

Perseverance  and dedication to just cause surely will ensure justice! 
 

fortunate that we Indians have this support of the Forum 

 

🙏

 

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However I have now produced before the SCIC complete and irrefutable evidence of wrongdoing against the interests  of the State itself.  I believe SCIC cannot review his own earlier orders.  However, can he take up complaints under section 18 in such cases?

The object, reason and the purpose of the RTI Act is to obtain information (evidence) in the form of documents etc. (as defined under section 2(f) of the Act).

If you already have the evidence (documents) of wrong doing with you then SCIC would not be the appropriate place to complain about it, but one would need to approach the correct public authority such as head of that department, ACB, Courts etc.

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All evidence of wrong doing has been collected from old records of other government bodies. There is just one crucial document remaining that would prove the total guilt of a private company in inspiring such wrongdoings.  That is the final quest now.  God willing, the next step being the writ petition would resolve this final issue.  Will keep posted over time. 
 

without the RTI Act, nothing would have been possible.  🙏

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On 6/23/2021 at 9:46 PM, Sunil Ahya said:

The object, reason and the purpose of the RTI Act is to obtain information (evidence) in the form of documents etc. (as defined under section 2(f) of the Act).

If you already have the evidence (documents) of wrong doing with you then SCIC would not be the appropriate place to complain about it, but one would need to approach the correct public authority such as head of that department, ACB, Courts etc.

Taken your valued advice.  Filed one writ under IE ACT section 76 initially.  Will file further as needed. Thanks 🙏 

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Posted (edited)

Hope to hear another success story from our member.  Wishing all the best and appreciating in bringing such a fraud in larger public interest, as a slap on the face of that PIO that made adverse comments against an applicant,  beyond his authority..  Invariably involve media also, as no official can be trusted in our democracy.

Edited by Prasad GLN
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Thanks.  When this is done with, God willing soon, I will share greater details. 
 

🙏

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