Information: Are State information Commissions Covered Under the Purview of RTI ACT 2005

[sunaabhsarkar]

Hello friends,

What should one do if one finds the Information Commission is:

1. Lenient against a PIO / APIO ?

2. Showing obvious signs of Leniency, during a hearing, the State Information Commissioner claims that he/ she can "DO NOTHING" when "all efforts" under the provisions of the RTI ACT 2005,FAILS to COMPELL an PIO / APIO to present himself/ herself before the commission despite the summons for providing information . [ The SIC had verbally express inability do do anything during a recent hearing. The H'ble SIC also claims that there are no provisions under the ACT for arrests to compell the PIO to obey the orders of the SIC. [And this he says in the presence of all in a packed court room, sending wrong signals to all 'uncomfortable' PIO attending court on that day] ?

Also what should one do when it is found that the office of the SIC has on record passed orders for punishment, yet "apperantly" failed to despatch the same to the appropriate Authority controlling the PIO / APIO for execution of the order [till the time it was so discovered during the next hearing] all due to "oversight"?

In view of the failure of the Commission to serve the order as passed in the previous hearing, Can a complainant file a RTI asking for reasons for such occurance, against the State Information Commission?

Will such a filing result in Contempt of the Court?

I am facing this problem. Shall be grateful for advise on further action from esteemed members.

Thanx in advance for all responses.

[V C Vinod]

CIC and all SICs are covered under the perview of RTI being Public Authuorities.

[sunaabhsarkar]

Hi VC Vinod,
Thanx for your reply.
I'm still foxed abt how to address a situation when the H'ble SIC expresses helplessnes in compelling the PIO to provide the information requested for. Isn't this a total falure of the RTI ACT 2005?
In my case the PIO and the PA are people of influence and power, the very reason why the SIC is going soft on them... isnt there a way out to get the Info I wanted. My RTI was regarding issues of irregularities and corrupt practices, which I know as the H'ble SIC knows are issues very difficult to own up or divulge. 27 months down the line I still seek the info... and the attitude of the SIC is indeed frutrating.
Readers pls write in your opinion and views.
Thanx

[anusinha]

The SIC can take disciplinary action against the erring officers.
The real problem in your case is not of law but of our whole system. If SIC is finding herself unable to summon the PIO it proves that its not the law but the people who run them are the real reason for its success or failure.
The best would be to involve media and highlight the case. Then it will become difficult for the corrupt officers to avoid scrutiny.

[sunaabhsarkar]

Originally Posted by anusinha

The SIC can take disciplinary action against the erring officers.
.......... If SIC is finding herself unable to summon the PIO it proves that its not the law but the people who run them are the real reason for its success or failure.
.....

Dear Anuranjan ji,

Thanx for your reply. I agree with you on this... In my case first the SIC very reluctantly [after abt 23 months of waiting for the PIOs to depose before the commission,] ordered the max punishment but conviniently forgot to dispatch the order. A copy of the order has been posted in this forum, but, the irony is that it was never dispatched... a thing which has come to light 3 months after it was pronounced. then adding salt to the insult, in a subsequent hearing the same judge orders that the fine amounting to 25k so imposed be realised in 3 eq installments. 25k is peanuts to the concerned PIOs [who are from the IAS Cadres holding the position of dy CEO] and the instalment scheme is to remove what ever was left in the sting the punishment was meant to have.

Originally Posted by anusinha

The best would be to involve media and highlight the case. Then it will become difficult for the corrupt officers to avoid scrutiny.

Is there some other way out?

Thanx again

[anusinha]

The penalty can be other then fine . According to section 20 (2) disciplinary action can be taken against the PIO under the service rules applicable to him. But I dont think that SIC will take this risk as it is apparent that the same is under heavy pressure.
I acknowledge that you are up against a crocodile in a river!
If RTI is of no help then the other ways can be vigilance, police......But what is the surety that they will not be influenced by that Dy. CEO.
Why dont you contemplate on the idea of bringing the media into picture? It can be a good bet.

[sunaabhsarkar]

Thanx Anuranjan ji,

In the last hearing I have prayed for punishment u/s 20[2]. so wht he will again issue orders which the court will forget to serve and if at all it is served then the authority controlling the PIO will prolly forget to execute the same

I guess there are [if at all there exists any ] few other effective options available.

Regards