What can one expect if this is the standard of the SIC ?

[colnrkurup]

During the visit of SIC,Kerala, Sri.Palat Mohandas to this place, certain specific querries on his style of functioning was projected to him in person. He had taken the notes and following is the extract of reply now given to the aspects raised by me (SIC's letter No.930/SIC-Admn/09 dated 23-1-2009) My cryptic view also given in the bracket.

1. Consideration of CIC's orders as guidelines:
(My plea was that though the CIC's orders are not binding on SICs, the SIC should at least reckon the rulings given by the CIC at least as a guide line and should examine the case in detail while issuing orders contraadictory to CIC's orders viz., defenition of the terms like 'Information")

The sugggestion is legally incorrect and has no logic

2, Pendancy state of SIC
The performance of Commission is not as dismal as you are trying to protrait. (I had given example that when the SIC's Kerala's rate of disposal was two (2)cases per month per commissioner, certain Commissiner in CIC are dispossing at the rate of nearly 500 cases per month).

Experience of this Commisssion reveals that in most of the cases, if any information is pending to be given, it would be provided at the report stage itself. (I could not follow its meaning as my cases of more than 2 years are pending with SIC, Kerala)

3.SIC indulging in examining the merit of the case instead of examining under the RTI Act 2005.

Experience at the Commission makes it amply clear that except a few all the other cases are initiated with the applications either for settling personal matters or in furtherance of their pesonal claims.

(I could not follow as to what is wrong in seeking informtion to resolve personal problems) When an applicant ask for the information of the authority under which a particular unlawful favor is done,according to the SIC, it is a personal claim)

4. In-action of SIC on complaints of disobedience of orders of SIC by the PIOs.

The Commission decides such cases on merit. There is no provision in the Right to Information Act to consider an action as criminal offence and pursue further action. (Presently, the SIC ignore the complainat of feed back on not obeying his orders by PIO)

5. PIOs getting away by furnishing false affidavits:

(When the PIO persistently repeat his false statement, I have been praying the SIC to direct the PIO to furnish his ibid reply by affidavit. In certain case, the SIC agreed with my request and ordered the PIO to repeat it in affidavit. But the PIO has furnished false affidavit. When the ibid false affidavit and reports expossed before theLok Ayukta , the PIO intimated the SIC that what he has stated in his affidavit was by omission and clerical error. But this has fully expossed the falsehoods in the afidavit. But the SIC ignored such report and now says it has not come to his notice)

6. Non-consideration of cases first come first seved basis:
There are practical dificulties to strictly follow the first come first served as a princile.(When 2 year old cases are pending the SIC attend to cases where he can get publicity mileage of good performance)

7. Hearing of SIC through video conference:
The Commission is exploring the viability of establishing the facilities (This facility from all District HQ to State Capital already exist and remain unutilised or underutilised)

8. Condition of SICs web site:

The process of updating the web site is going on

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[karira]

Sponsorer

Col Kurup,

1. For Non-Compliance of CIC orders, try to use the Karnataka High Court judgement which says that the CIC has enough powers under Sec 20 to deal with cases of Contempt. Please see:

Contempt plea dismissed

The full order is attached to that post.

Kerala SIC might not be willing to consider CIC orders but they definitely cannot ignore a order of the High Court.

2. Cases on First come First served basis: Can you somehow bring in the issue of corruption.

By the way does Kerala SIC have a Vigilance Officer ? Does it have a Officer to deal with Sexual Harassment complaints ?

[colnrkurup]

The SIC,Kerala wants to take shelter in some excuse to justify his inaction. His reply to me amply explain this. While defending my allegation that the SIC unnecessarily resort to merrit of the case, he admit this allegation.He does not have any Vigilence Officer nor any officer to deal with sexual harassement nor any such cases seems pending with him.