Pendency of second appeals

[jps50]

CIC and majority of SCICs are burdened with pendency of appeals, which ultimately frustrate spirit of RTI Act. I suggest that they should impose maximum penalties on the CPIO & FAA, so that they [CPIO/FAA] will be seriously and properly discharging their duties under this act. In Gujarat, the state officials have taken RTI seriously because of strict approach of SCIC. My experience with state RTI had been very satisfactory. If CPIO/FAA start properly discharging obligations under the act, number of second appeals will be reduced. At present CPIO/FAA hardly care of CIC/SCIC, as they are sure that there will be either no penalty or minor penalty etc and hence they refuse to perform under the act resulting in second appeal. Members may discuss.

[abhijeet]

I had already mentioned it in some other thread, but it is relevant here to mention that in West Bengal the SIC is very much soft towards the PIOs . So PIOs and AAs normally don't bother much about any delay or false information etc. Recently in 22nd February a letter to editor in the Ananda Bazar Patrika published, in which it was mentioned that the APIO of one PA forwarded one RTI application to other PIO after 55 days of receiving the same. But as per RTI Act,2005 , it should have been sent not later than 5 days.The same APIO forwarded another application to different PIO, though the subject matter of the application was specifically related with the former DEpartment, where it was submitted. On receiving the same PIO of the later Department sent back to the APIO, who forwarded it earlier; the reason of which is not known to anybody. The important point is that in this Department mostly APIO is engaged in replying RTI application , providing false information , taking much time to response and even did not response at all in many cases. All these incidents were informed to the Hon'ble SIC , but no result is visible. The website of the State Information Commission shows that only three penalties imposed till date.We had submitted three applications in May, 07- but yet to receive any response, inspite of 1st appeal, 2nd appeal and reminders amd reminders.
You are lucky enough that RTI activities are well managed in Gujrat.

[karira]

Pendency of complaints/appeals at the Second Appeal stage (CIC and SIC) is indeed a serious issue. They are just piling up and up.

Day 1: Applicant submits RTI application to PIO
Day 31: Reply from PIO
Day 35: First Appeal made (giving just 4 days for making first appeal although as per
the act, this could even made on Day 61)
Day 65: Reply form AA (This can go to Day 80, if AA gives reasons in writing)
Day 75: Second appeal before SIC/CIC...just giving 10 days to prepare Second Appeal)
Day 255: Decision of CIC (I am basing 6 months taken by CIC because from a sample
of 25 decisions on the CIC website, most were filed in Sep/Oct 2007 and
heard in Feb/Mar 2008....There are some complaints/appeals of Feb/Mar
2007 being heard in Feb/Mar 2008 !....including one from our own member Mr
Manoj Pai)

All the above, assume very little time for preparing First and Second Appeals.
The way Complaints/Appeals are piling up, very soon the situation will be as bad as it is in our Courts. Probably our children will have the pleasure of seeing the result of our RTI applications !

I suggest that:

Every website of SIC/CIC should give the following report MONTHLY (CIC already does have partial information) in the following format:

DISPOSAL OF APPEALS/COMPLAINTS
1. a) Appeals/Complaints pending at the begining of the month
b) Add Appeals/Complaints received during the month
c) Appeals/Complaints rejected during the month (not accepted due to procedural lapses or not in proper format)
d) Appeals/Complaints heard and disposed off during the month
e) Appeals/Complaints pending at the end of the month

DISPOSAL OF ADJUNCT ORDERS
2. All the information as indicated in Item 1(a) to (e) above but for those Appeals/Complaints which have come again to the SIC/CIC....like when the appellant goes back and informs/complains that PIO/AA is not following directions of the CIC/SIC as well as "adjunct" to earlier decisions.

AGE ANALYSIS OF PENDING APPEALS/COMPLAINTS
3. For both Item 1 and Item 2 above, the following information should be published monthly:
Nr pending for more than 60 days
Nr pending for more than 90 days
Nr pending for more than 120 days
Nr pending for more than 180 days
Nr pending for more than 365 days

REASONS FOR PENDING BEYOND 180 DAYS
4. For those decisions pending more than 180 days in Item 3 above, reasons to be given for each case as to why is it pending for more than 180 days.

SHOW CAUSE NOTICES ISSUED/PENALTIES IMPOSED/PENALTIES COLLECTED/PENALTIES PENDING COLLECTION
5. Monthly data regarding:
Nr of decisions where show cause notices were issued for penalty under Sec 20 and total amount of the penalty under show cause
Nr of decisions where penalty was actually imposed and total amount of penalty actually imposed under Sec 20
Amount of penalty actually collected for past decisions where penalty was imposed
List of PIO's/PA's who have not paid penalty and those pending for:
- More than 30 days after decision
- More than 60 days after decision
- More than 90 days after decision
- More than 120 days after decision
- More than 180 days after decision
- More than 365 days after decision

Reasons for every case where penalty has not been paid even 90 days after the date of the decision.

ORDERS/DECISIONS OF EACH IC AND CIC

Following information to be displayed for each IC and CIC in the SIC/CIC:

1. Nr. of days during the month appeals/complaints were heard
2. Nr. of appeals/complaints heard
3. Nr. of orders/decisions issued

Since work allocation in CIC/SIC is department wise (someone please correct me if I am wrong about this), the same information as in DISPOSAL OF APPEALS/COMPLAINTS (Item 1 above) for the whole SIC/CIC, should be given also for individual IC and each CIC so that citizens know what each IC is doing.

OTHER ACTIVITIES UNDERTAKEN BY IC/CIC DURING THE MONTH

Details of any other activities undertaken by IC and CIC during the month ANDthe number of days spent on each of those activities. For example a IC might visit other cities to hear cases, give lectures, attend conferences, promote RTI, etc....


It is for the benefit of all as well as the preamble of the RTI Act that the above information is posted for TRANSPARENCY and PARDARSHITA (hope I got the spelling right)

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I also want to know if anyone is aware as to on what basis do the SIC's and CIC's attend to Second Appeals/Complaints, ie in what order are they appeals/complaints listed for hearing...is it FIRST IN, FIRST OUT or some other method. There should be transparency in this also.