Revision / Modification of order of CIC

[clinsmalhotra]

The PIO denied the information saying it is not available to him . In 2nd appeal , the CIC passed an order on 6.11.2008 (reached me on 19.11.2008) telling the PIO to provide information to me . But the information is different from what I had requested in my application and is of no use to me . I filed an application for review / modification of the said order . Meanwhile 0n 24.11.2008 information from PIO reached me as per orders of CIC .
I have not heard from CIC about my application for modification / revision filed on 21.11.2008 .
Now what is course left for me ?
1. is there any provision for filing application/appeal for Revision of order of CIC under RTI Act ?

2. the order of CIC reached me on 19.11.2008 - upto which date I can file Civil Writ in High Court under article 226 of constitution of india . From which date I should count 30 days -Is it when order was passed on 6th or 19th when the order reached me ?

3. how do I know if the CIC is considering my application for revision / modification or not ? How much can I wait for their response ?
please help .

[clinsmalhotra]

in continuity ....

the CIC in their orders dated 6.11.2008 have directed the PIO to submit compliance report of their orders by 7.12.2008 . Can I raise an ojection during this period stating that the information is faulty since still it appears incoplete ?

[karira]

Originally Posted by clinsmalhotra

in continuity ....

the CIC in their orders dated 6.11.2008 have directed the PIO to submit compliance report of their orders by 7.12.2008 . Can I raise an ojection during this period stating that the information is faulty since still it appears incoplete ?

Yes you can file a complaint under Sec (18) for non compliance of CIC's orders.

[rajub]

Dear clinsmalhotra,

Do file a complaint as suggested by Shri Karira. But, if possible, try contacting the concerned IC either on phone or personally. Your grievance may be redressed faster since IC has ordered the supply of information.

Will you please post your experience here in case you contact the concerned IC?

[clinsmalhotra]

sure i will write my experiences . This case has given me a lot to llearn and share with my friends here . Thanks to Mr. Karira . But I am not too sure about whether complaint under section 18 of RTI can be filed for supplied incomplete information that has followed CIC's orders . I wonder if complaint u/s 18 of RTI Act once order has been passed in 2nd appeal by cic .
I request more clarification from Mr. Karira .

[karira]

You can file a Complaint under Sec 18(1)(f) for non compliance of order issued by CIC.
Make sure that once it reaches the CIC, you call up the "dealing Officer" and draw his attention to the fact that this is only a follow up complaint and that it should not follow the normal queue. Keep reminding him continuously till it is listed and a order passed.

[clinsmalhotra]

I have filed a complaint under section 18(1)f as advised on this forum few days back , but I have been told verbally by office of Commission that it is not sustainable since order was of final nature . They are silent on my plea that information provided after orders of CIC is still incomplete .

what do I do .

[rajub]

There are two issues involved here.

1] The CIC has passed order which is faulty in facts as it orders the PIO to supply the information which was not demanded and is silent on the demanded information.

Any judicial or quasi judicial authority has powers to rectify its own orders if it is faulty in facts. But the CIC does not want to exercise its powers. The only remedy left is writ petition.


2] The PIO claims the information you demanded is not available but he supplied the information which CIC ordered him to supply (which is not demanded by you). So there is no fault on the part of PIO.

The fault is on the part of CIC. It has passed the faulty order and has refused to rectify it.

So my advice is : Request the CIC to convey in writing that it will not rectify its order. Tell him/her (in writing) that you are filing a w.p. Probably your this request will make CIC rethink his/her decision of not rectifying its faulty order.