Question: Can CIC accept appeal for exempting CPIO from giving info after CIC has issued the order to do so ?

[exploited]

I had sought some info under RTI from New India Assurance Co Ltd Mumbai . The matter went upto 2nd appeal . CIC ruled in my favour asking New India CPIO to furnish the info. But CPIO has written a letter to CIC requesting them to exempt them from providing info to me !!
Is there any provision inRTI Act whereby such a request can be made ?
If it is there, is it within powers of CIC to grant such a permission ?
I have already written to CIC ( Aug Kranti Bldg, Delhi) raising objection to this letter of New India which they would have received by 12th Apr 09.
CIC has not given any response to my letter. I have been trying to call up officer concerned but number of times but he has not had time to look at my file so far (!) and i just keep following up on phone cum fax which becomes at a times frustrating because phone goes in fax mode and one can not speak to anyone.
What can i do to expedite the response of CIC ?
Thansk for your help.

[jps50]

Once CIC has pronounced decision, it cannot review it and hence letter of the CPIO will not be considered. To be on safer side, U can send your objection by speed post to CIC.

[sandeepbaheti]

exploited,
The way things work at CIC, it may take months for someone to read your letter. If information is not provided within the time limit ordered by the CIC you can file another complaint to CIC for non-compliance with its orders.

[RAVEENA_O]

Section-19(7) provides that The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.. Therefore the CPIO cannot agitate on the decision of CIC on any ground. The question of CIC entertaining such a letter / representation from CPIO does not arise at all. In this case, CPIO has not furnished information within specified time as enumerated under sub-section(1) of Section-7 malafidely inspite of CIC's directives. An appeal under Sec-18 read with Sec-20(1) be preferred before CIC with specific prayer to impose penalty as enumerated under section-20(1) for each day of delay till date of supply of information . A copy of such appeal be endorsed to CPIO to make him aware of the consequences ahead.

[digitalit]

After imposing the penalty on CPIO by CIC, CPIO doesn't give info.
then what will be next step.

[sandeepbaheti]

Originally Posted by digitalit

After imposing the penalty on CPIO by CIC, CPIO doesn't give info.
then what will be next step.

File another complaint with CIC for non-compliance of its orders. CIC will treat this as obstruction from getting information and will impose a new penalty of Rs 25000

[exploited]

Hello All the guys,
Thank you all for the quick replies you have taken trouble to give...
Best Regards
Dinesh

[karira]

Originally Posted by exploited

I had sought some info under RTI from New India Assurance Co Ltd Mumbai . The matter went upto 2nd appeal . CIC ruled in my favour asking New India CPIO to furnish the info. But CPIO has written a letter to CIC requesting them to exempt them from providing info to me !!
Is there any provision inRTI Act whereby such a request can be made ?
If it is there, is it within powers of CIC to grant such a permission ?

Unfortunately yes !
(unless of course this decision happens to pertain to your own matter !)

It is a very misguided decision by the CIC and bad in law.

The precedence happens to be with the same Public Authority - New India Assurance Co. Ltd. If this decision does not pertain to you, then it is obvious that the PA/PIO/FAA having tasted success in this case, have tried to use the same trick in your case too.

(THis matter relates to disclosure of ACR's of others - "third parties")

http://cic.gov.in/CIC-Orders/AT-30042009-01.pdf

In its interim decision dated 21.01.2009, Commission had directed that information be furnished corresponding to complainant’s RTI -application dated 10.09.2007, within 48 hours. Accordingly, respondents furnished to the complainant certain items of information excluding two items, which were:-
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It is the complainant’s plea that withholding of the above information was in contravention of the Commission’s directive dated 21.01.2009.
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As regards complaint of non-compliance of the Commission’s orders by the public authority , I’m satisfied by the submissions made by the respondents and close the matter.

As many posters have mentioned above, the orders/decisions of the CIC/SIC are supposed to be final. This above decision amounts to "review" of decision by using backdoor methods, since the CIC has withdrawn the right to review. If review is allowed by the IC himslef than it a request for review from an applicant should also be allowed.

It also shows the casual way in which some orders at the CIC are passed and my oft repeated contention that applications/appeals/complaints/written arguments, are seldom read by anyone.

[exploited]

Mr Kakira,

I went thru your reply which was a kind of revealation...and thank you for that special case..

However I feel that this case pertains to confidential info of individuals and may need some exception. However my questions relate mainly to company policies and procedure where I believe no individual confidentiality is involved...Le us see how CIC looks at it !!

Thanks once again

Regards
Dinesh

[vijayK]

Dear friend,

Kindly file an RTI application to CIC to know what kind of action they have taken on the letter they received from New India asurance.

They have to answer.

Do you know... you can inspect files in CIC also ?

If u want u can also do the same under section 2(j) of RTI act.

All the Best.