A question

[Keshav Prasad]

Is State Information Commission entitled to seek information from the Public Information Officer in course of hearing an appeal filed before the commission ?

[wagh7]

Keshav Prasad ji,

I think Definatly yes. The appeal is filed by an applicant on not satisfying from a PIO, over the appeal to find the facts and before delivering any judgement they can ask pio to submit the information about your quary.

Because it is definatly related to information asked by the applicants, the PIO will give same information what provided to the applicant.

If at all the information is false or not complete, and you prove that then SIC may pass an order in the favour of applicants.

rakatkam.

[taurus]

Originally Posted by Keshav Prasad

Is State Information Commission entitled to seek information from the Public Information Officer in course of hearing an appeal filed before the commission ?

Sec 19(8)(a) of the Act says that the SIC has the power to require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act. That would include seeking information from the PIO also. Ofcourse, SIC can do so only with the SPIO and not with a CPIO.

[Keshav Prasad]

Originally Posted by taurus

Sec 19(8)(a) of the Act says that the SIC has the power to require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act. That would include seeking information from the PIO also. Ofcourse, SIC can do so only with the SPIO and not with a CPIO.

There is a clear difference between ' SIC seeking information from the SPIO 'and ' SIC asking SPIO to furnish information to the petitioner i.e. Appellant before the SIC.'

This needs to be further clarified whether SIC can seek information from the SPIO on behalf of the Appellant.

[taurus]

SIC can direct a PA to furnish the info sought for. It can do so under Sec 19(8)(a)(i) of the Act. To my knowledge there is no provision in the Act by which the SIC can act as a post-office to obtain the info from a PA on behalf of an Applicant and pass it on to the Applicant.