CIC changed his decision withour informing the appellant

[Anil Sood]

On 03 July, 07 an order was given by CIC commissioner Shri A. N. Tiwari. The information was to be provided by the CPIO within 7 days. Infect he agreed to provide the same voluntarily before the hearing could start. He assured that the managing committee of Kirpal Cooperative Society had given in writing that they will provide the information to CPIO within 2 days and he would provide the same information within 7 days to me, the same was pronounced by the Hon’able commissioner in his order.I had already received the order on 7<SUP>th</SUP> July. On 16 July I registered a complaint with CIC when CPIO fails to provide the information. I was told by Mr. D. C. Singh, Under Secretary & AR Registrar & PPS Mr. Negi and that since information was regarding third party and on representation by the third party, earlier order was cancelled and the matter is being referred to 1<SUP>st</SUP> Appellant authority to listen the objections of third party and pass his orders. Earlier 1<SUP>st</SUP> Appellant authority has passed the order in my favor; still PIO did not provide the information.
I had objected to both the gentleman and posed following questions;<O:p</O:p
- Whether CIC can revoke his order according to his will. I was not even called again and under which rule he has revoked the order. Why copy of subsequent orders were not provided to me.<O:p</O:p
- Third party information was given by me, in my application. It is the fault of the CPIO, and staff at CIC who overlooked the information then why I was being penalized for no fault of mine. Whereas if any action is to be taken it should be against CPIO and the staff of CIC, who handled this case. They should have gone through the case file thoroughly and had informed the Commissioner accordingly.<O:p</O:p
- Why the orders are not shown against my application on the CIC web site and where it is still showing that the parties are called on 2-july 2007.<O:p</O:p
- Why the file is not shown to me.<O:p</O:p
<O:p</O:p
On 23July 07, PPS Mr. Negi again changed his version and informed me that explanation is being sought from CPIO for not providing information regarding third party to CIC. I do not know what exactly is going on. He rules out my meeting with either Mr. A. N. Tiwari or Mr. Wajahat Habibullah with my grievances. I have to wait or adviced me to approach the other forum (courts). I do not know what to do?

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[karira]

Sponsorer

Anil,

Hearing such a case for first time.

My suggestions would be:

1. Complain to the CIC and ask for a hearing of this complaint to another
commisioner or even a full bench of the CIC. Give full details of the
case in chronological order.
Under Section 19(9):
<TABLE style="LINE-HEIGHT: 2" cellSpacing=0 cellPadding=0 border=0><TBODY><TR style="VERTICAL-ALIGN: baseline"><TD style="WIDTH: 15px">9.</TD><TD>The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.

They must give you an order copy, even if you were not called for the hearing.

Moreover, if the CIC delayed or misinformed you about the hearing date,
you can quote the following decision of the CIC itself:

http://www.rtiindia.org/forum/rti-ne...pensation.html

http://cic.gov.in/CIC-Orders/Decision_16072007_01.pdf

</TD></TR></TBODY></TABLE>


2. File a RTI application with the CIC to see the relevant file and decisions. That will make thongs very clear to you.