Use of section 18 is wastage of time and energy

[sngupta]

Dear friends,
We may made complain to CIC/SIC not providng information by PIO but The CIC/SIC will not take any serious action on the complaint because the penalty may only be imposed on hearing the PIO. I have already faced such consequences and I recommend we may think to made complaint to CIC/SIC only after making first appeal to AA. This will provide some more fruitfull results.

[chanda_s]

AA should not be bypassed. he has a role well defined by the rti act. the channel of appeal is to be followed in every case, whether it is a judicial, departmental or of rti act. did you by any chance appeal directly to the SIC/CIC bypassing the AA?

[colnrkurup]

I could not grasp as to how it is claimed that the CIC/SIC cannot impose PENALTY under Section 20 in case of COMPLAINT. It is absolutely wrong. Section 20 specifically lays down that " Where the CIC or SIC at the time of deciding any COMPLAINT or appeal is of the opiniion ........it shall impose a penalty of two hundred and fifty rupees each day etc. ...." Yes, the law says that no one can be punished without giving him an opportunity for being heard. There is no problem in giving the PIO an opportunity for being heard. The CIC/SIC has to issue only notice. The PIO is travelling at government expense on duty. In caseifhe is abstain the CIC/SIC is considered as given him an opportunity but he did not avail it. Thereis no requirement of presence of Complainant. In case of any doubt on this I can clarify it further.

[karira]

One can directly COMPLAIN to the SIC/CIC under section 18(1).
But several SIC's are not accepting such complaints (including APSIC) and asking the applicant to go through the normal process of First Appeal and then the Second Appeal. Even "complaints" are not being entertained directly by APSIC,

Therefore, as Mr Chanda pointed out, better to follow the procedure of:

- First RTI Application to PIO
- Second First Appeal to AA
- Third Second Appeal to CIC/SIC

Although long winded, it will ensure that there is no disappointment in case the CIC/SIC rejects the complaint/appeal due to incorrect procedure.

[sngupta]

Dear Karira,
The procedure ourlined by you is only way to get successed in RTI. What you mentioned will save energy and time of RTI users and will reduce the work load of CIC and SIC.