Delay in furnishing information

[abhijeet]

I had submitted one RTI application on 10/05/07. 1st appeal on 06/07/07 and without any response. Submitted 2nd appeal on 03/09/07. SICommission directed concerned SPIO to furnish information within 15 days and this time also I did not receive any response. Should a reminder to the SIC be sent or any other steps under RTI Act ?? This simply proves that how the PIO is reluctant to furnish the required information. Another case when 2nd appeal was submitted the Hon'ble SPIO sent some irrelevant and misleading information. What action is needed ??--- Abhijeet

[vashisthvivek]

Kindly intimate as to whether the SIC had disposed of your application or has issued an interim direction to the PIO. If it was an interim direction, you may bring the matter in the notice of SIC in the next date of hearing. If your appeal has been disposed of or next hearing has not been fixed, you may issue a reminder to the SIC.
Here it is very clear that the procedure of deciding the appeals have not been prescribed under the Act. The procedure may have been prescribed under the rules of the State. Kindly do intimate your State to help you further. I would also request to make a written request to the Commission to impose a penalty under S.20.
With regard to the second case, it is intimated that you may also request the Commission to impose a penalty as providing a wrong information is also an offence under the act and has to be dealt with in the same way as the offence of not providing the information is dealt with.

[abhijeet]

It is from West Bengal and SIC is very much friendly with this SPIO and not at all ready to impose any penalty. No date of hearing has been fixed, the Secretary of the SIC simply asked the PIO to furnish information within 15 days, but nothing has come out even after 40 days after second appeal.Previously when the same PIO furnished incomplete information after 110 days, the SIO asked him to be careful in future correspondences. I submitted 16 cases where no information was provided within 30-120 days. The SIC did nothing . Recently I submotted one application under 7(6) of RTI Act to provide the information of the application dated 31.01.2007, with a copy to W.Bengal SIC. I have to wait for the result. And sincerely I do not know how to ask for penalty. No of times I submitted under 20 but SIC did not bother. This way it takes some 5-6 months, without having information. For example I did not receive any information of application dt 10.05.07, 16.05.07 23.05.07 and 29.05.07. SIC and SPIO nicely spending days without any hearing.----- Abhijeet

[vashisthvivek]

Dear Abhijit,
From the above, it is clear that the functioning of the CIC of West Bangal has not been up to the mark. The Best course in these circumstaces is to file a Writ in the High Court under Article 226 of the Constitution of India. Although I will revert back to you after going through the rules framed by the WB Government under the Act. As regards to making a request for imposing a penalty, it is intimated that there is no set procedure and you have to make simple request for the same.
In this regard, kindly see my blog :
Whether imposing a penalty a prerogative?

[karira]

abhijeet,

I think you should write to the SIC again and clearly point out:

1. No reply to your RTI Application
2. No reply to your RTI Appeal
3. No reply to the reminder from SIC

Give all the dates and letter references clearly along with all copies.

In the plea state on these lines:
a) The PIO is habitually ignoring your application/appeal and SIC letters.
Therefore he should be strictly penalised under section.......of the Act.
b) The "head" of the Public Authority should be CLEARLY informed by the SIC to set
up proper procedures for the RTI act as well as take action as per rules against the
PIO and the AA for not replying to your applications/appeal.
c) You should be informed of the action which SIC takes.