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First appeal not mandatory and workload not reasonable cause for delay under RTI


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sunserver

I endorse this view. There is also other side of the situation. It is a fact that due to less intake of fresh Govt. employees over the last more than a decade, the CPIOs, normally Under Secretary level officers working in Ministries/Departments, are hard pressed to deliver information. May be it is a deliberate act of the top bureaucracy to expose these middle level officers to bear the brunt while at the same time getting themselves hidden behind curtain. But in any case they can not seek immunity. They should feel that they are with the common man and should be ready to share information of the Govt. with the public under the provisions of the RTI Act.

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vijendra singh

At present most of the Info Commissioners including Mr SMishra, MLSharma, Smt Sushma Singh, D.Sandhu etc of the CIC have been remanding back fearlessly all the IInd appeals to the FAAs where the FAAs did not give decisions/ gave decisions delayed. Obviously those all ICs are contempting the High Courts decision. They are harming the appellants knowingly; & safeguarding the guilty PIOs intentionally. So they are liable to be prosecuted u/s IPC 166,167,219 ; where penalty is upto 7 years imprisonment. May we file FIR. against the erring ICs? Pl guide.

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karira
At present most of the Info Commissioners including Mr SMishra, MLSharma, Smt Sushma Singh, D.Sandhu etc of the CIC have been remanding back fearlessly all the IInd appeals to the FAAs where the FAAs did not give decisions/ gave decisions delayed. Obviously those all ICs are contempting the High Courts decision. They are harming the appellants knowingly; & safeguarding the guilty PIOs intentionally. So they are liable to be prosecuted u/s IPC 166,167,219 ; where penalty is upto 7 years imprisonment. May we file FIR. against the erring ICs? Pl guide.

 

The next time they remand back a second appeal/ complaint from you, why don't you send them a legal notice, quoting the above judgment as well as the the Allahabad High Court judgment on Sec 18.

You can also refer to the APIC order on Sec 18 and the duty of the Commission to hear and enquire into direct complaints

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jps50

Even without fresh remanding to FAA in future, we can draw attention of ICs on this judgement, quoting some of the decisions of ICs in near past. Even despite bringing to their notice above judgement, ICs continue to indulge in remanding back to FAA, it would be deliberate and malafide defiance of High Court, attracting Contempt of Court.

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karira
Even without fresh remanding to FAA in future, we can draw attention of ICs on this judgement, quoting some of the decisions of ICs in near past. Even despite bringing to their notice above judgement, ICs continue to indulge in remanding back to FAA, it would be deliberate and malafide defiance of High Court, attracting Contempt of Court.

 

But the appellants / complainants are not getting a chance to say this , because CIC is passing those orders without hearing them.

In most cases the orders are passed by the Dpty. Registrar.

In such a situation, the appellant / complainant has no chance to bring it to the notice of the IC.

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Sir, please do it. It will certainly be a great service to the RTI applicant community, and there is nobody better than your good self to draft and take such innovative and pioneering actions

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  • 2 weeks later...
vijendra singh

Now mr Shilesh Gandhi of the CIC on July 1 , 2011 gave such decision that the filing of complaint/ II appeal in the CIC without filing / awaiting to First appellate authority is perfectly all right, as per law; & totally as per choice of the complainant. Case no. is perhaps 117 or 171.

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karira
Now mr Shilesh Gandhi of the CIC on July 1 , 2011 gave such decision that the filing of complaint/ II appeal in the CIC without filing / awaiting to First appellate authority is perfectly all right, as per law; & totally as per choice of the complainant. Case no. is perhaps 117 or 171.

 

But, he himself has passed several orders where he has said exactly the opposite:

 

File first appeal before approaching the commission.

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nk agarwal

The practical side of the issue is larger than the issue it self for following reasons :

(1) At the 2nd appeal hearing hardly any time and ears are lent to the appellant.

(2) The long pendency in CIC has made the information seeking process under RTI ACT-2005 redundant.

(3) Now, remanding the appeal to the authority who is the cause of 2nd Appeal tantamount to letting scotfree the CPIO from any accountability and penalty.

(4) What if an Hon’ble IC returns the 2nd Appeal to the appellant after two years of filing (present pendency) on the plea that file a 1st appeal first. thnks

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aslamkhan

Dear ALL,

1) how about filing first appeal to FAA ?

2) complain to SIC/CIC about the issue?

 

PIO has discovered different ways to deny Information

1) one of the ways is PIO always says asked Information is not clearly asked by the applicant

2) Required Information is not in compiled form?

3) PIO pretends he does not understand what Information is asked? but applicant can come & inspect the record if possible?

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vijendra singh

Law gave all solutions; but we do not know those. IPC sections 166, 167 ,218, 219 said clearly that the govt authorities harming the citizen knowingly, or safeguarding some erring person knowingly is punishable by jail 1 - 7 years.

So we can request the head of deptt or the Governor/ President of India etc to lodge FIR; or to permit us to lodge FIR against the guilty govt servants i.e. PIO/ Info Commissioners.

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