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  1. #1
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    C J Karira
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    Default Strange order of the CIC......


    CIC has recently passed an order remanding the Second Appeal back to the FAA. The matter is:

    Applicant applied for information under RTI on 6-11-2006
    No reply received
    First Appeal made on 14-12-2006
    FAA orders PIO to supply information. FAA order dated 12-01-2007
    PIO supplies incomplete information on 12-03-2007.
    Applicant files Second Appeal with CIC and CIC orders:


    The applicant has approached this Commission submitting, inter-alia, that
    in spite of the orders passed by the first Appellate Authority, the information
    provided by on 12.3.07 is incomplete. He has however, not taken recourse to a
    1st appeal against this response allowed to him u/s 19 (1) of the RTI Act
    Because the 1st appellate authority has not addressed the questions
    of appellant, which are of direct concern to his public authority and because
    appellant has pleaded no ground for making a direct complaint to us u/s 18 (1)
    (e), the Commission has decided to treat this application as 1st appeal and
    remand this appeal to the Additional Commissioner (HQ), Municipal Corporation
    of Delhi, Town Hall, Delhi who is directed to dispose of the appeal of Shri K.P.
    Jain within ten working days from the date of receipt of this decision, under
    intimation to Shri Pankaj Shreyaskar, Jt Registrar, Central Information
    Commission. If not satisfied with the information provided on his 1st appeal,
    complainant Shri K.P. Jain will be free to move a 2nd appeal before us as per Sec
    19 (3).

    My Questions/Doubts:

    1. How many times does CIC want the applicant to file First Appeals ?
    2. Is CIC avoiding levying penalty on the PIO by doing this ?

    I can definitely see that this is a start of a "passing the buck" process.

    Interested in knowing the opinion of the members since I am sure I will be facing a similar situation soon:

    http://www.rtiindia.org/forum/3633-c...need-help.html




    @cjkarira

  2. #2
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    Col NR Kurup (Retd)
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    Default Re: Strange order of the CIC......


    Wonderful ! !!. Now I have no doubt that we are in cucumber city.I don't think the CIC is vested with any power to convert a complaint under Section 18 competently filed to a First Appeal and remand it to the AA. In this cituation the correct action of the CIC should have been to summon the AA and sort out the issue during the hearing. That is what the Act dtiulate. It is high time to stop this practice.
    Last edited by Shrawan Pathak; 04-17-2008 at 08:59 PM. Reason: moderated

  3. #3
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    Default Re: Strange order of the CIC......


    colnrkurup,

    There are atleast a dozen decisions of the CIC like this .... all over the last few days (about 5 or 6 days). This is not the only one.
    All carry the same language and words.
    Must be a copy paste job.
    @cjkarira

  4. #4
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    Dr. Pathak
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    Default Re: Strange order of the CIC......



    It would be interesting to ask CIC by RTI Application where they have done this conversion by the act of their decisions

    And friends lets mark these type of threads as 'Conversion', so that in course of time RTI India have all the thread tag with 'conversion's

  5. #5
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    prasad
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    Default Re: Strange order of the CIC......


    No. 10/23/2007-IR Dated 9th July, 2007
    Disposal of first appeals under the RTI Act, 2005.


    http://www.rti.org.in/Documents/appealrules_2005.pdf

  6. #6
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    Default Re: Strange order of the CIC......


    CIC should be shown the door...
    only activists should judge the genunity of any reply

  7. #7
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    C J Karira
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    Default Re: Strange order of the CIC......


    sagginyou,

    How can "activists" judge the genuineness of any reply ?

    Only the custodian of the information can guarantee the genuineness of reply.
    @cjkarira

  8. #8
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    prasad
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    Default Re: Strange order of the CIC......


    Re. CIC should be shown the door...
    only activists should judge the genunity of any reply
    ooom6
    as the members of RTI,the discussion should relate to the pros and cons of the decision , and the Act it self
    The members should understand the difference between sec 18 and sec 19 of the act and the rules framed there under.that is to say the difference between complaint and
    2nd appeal, both are to CIC. If it is u/sec 19 it should always be against 1st appeal.
    The FAA is senior to the CPIO and can able to dispose the application for information relating to the same dept [if not colluded] and if the information get at the level of FAA it is a big relief.
    In a recent circuler the govt asked the FAAs to complain against the CPIOs to the higher ups in the dept who have direct control over them to take action if the CPIO does disobey its directions.
    The decision should be commented in relation to sec 18 and 19 of the act.members comment for action of CIC and to penalise the CPIOS ,in my thought, give no advantage to the discussion onthis floor.
    i want to remain as member but not as judge.



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