Sec 19(7) makes the decision of the
CIC/
SIC as "binding"...binding for both the applicant and the
PIO.
The only course of action after this, is a Writ Petition in the High Court.
The point to be considered is whether the
PIO abided by the deadlines/orders issued by the
SIC on 9-7-2006. If he did not abide by the deadline (if one was issued in the
SIC order since many decisions of especially the
SIC's don't give any time limit), then definitely the
SIC has to listen to the appellant. Under Sec 18(1)(f) the applicant can complain to the
SIC about a
PIO who is not abiding by the orders of the
SIC. There is no limit on the number of times an applicant can complain under Section 18.
Is it possible for you to file a
RTI Application with the
SIC and ask them to explain and give reasons for:
The Commission is constrained to observe that the Commission cannnot nor is expected to consider a case, on unlimited times to satisfy a complainant/appellant. Once an appeal is considered and orders issued thereto, that is final. The appellant, may, however, on exceptional grounds approach the Comnmission, to review with a Review Petition. The Commission may consider it on merit and dispose it off as per the procedure adopted for the disposal Review Petitions by the Courts.
under Sec 4 (1)(d). Ask them to give you all the dates:
- Date of application
- Date of PIO reply
- Date of First Appeal
- Date of First Appeal Order
- Date of Second Appeal
- Date of Second Appeal hearing
- Date of Second Appeal order
- Date by which PIO was supposed to give information
- Date on which applicant again approached the SIC
- Date on which the SIC started enquiry
- Date on which PIO actually gave the information
- Date of reply from PIO to SIC on second enquiry
This will make matters absolutely clear.
Using these dates you can definitely make a "complaint" to the SIC and request them to ammend the above decision since it is not correct.
If you think they will not give you information as per above, ask for inspection of the complete file/records of this particular appeal, which will contain all the above information.
Once you have the information you can file a case in High Court....against the PIO for disobeying the SIC orders and also against the SIC for not being "just and fair" in the judgement.
The other thing I am wondering (and not at all sure) is that under Sec 18(3) the CIC/SIC have the same powers as are vested in a Civil Court while trying a suit under Code of Civil Procedure, 1908. Therefore, can a PIO who disobeys the SIC orders be hauled up for contempt of court ? Maybe some learned advocate on this forum can guide us about this point.