CIC rejects 45% of all 2nd appeals

[karira]

As reported by Sonal Kellogg in howrah.org on 5 July 2008:
CIC rejects 45% of all 2nd appeals - Howrah News Service - Latest news and headlines on Howrah and West Bengal

CIC rejects 45% of all 2nd appeals

July 3: The Central Information Commission revealed that it rejects 45 per cent of all second appeals and complaints on procedural grounds and of those registered 27 per cent are remanded back to the first appellate authority.

These facts have disturbed RTI activists who feel that since the RTI Act was expected to be used by the common citizen the CIC should take a more lenient view to rejecting appeals on procedural grounds as it goes against the spirit of the act.

RTI activist Shailesh Gandhi asked the CIC the total number of second appeals and complaints received by it from April 2007 to April 2008 and the number which were registered. The CIC revealed that the total number of appeals and complains received were 22,268, out of which only 12,411 were registered.

Mr Gandhi said, "This means the commission rejected 45 per cent of the second appeals and complaints received on procedural grounds. This is a sad situation. The act even directs the PIO to help the citizen to even write the application." He said that CIC must adopt a more reasonable approach, instead of finding small mistakes to reject appeals. This also highlights the need for activists to understand and teach citizens the right format and method for filing the second appeals and complaints, to see that it does not get rejected by the commission.

Mr Gandhi asked for the number of second appeals and complaints registered between October 2005 and April 2008 and those where information was asked to be given and where the appeal was remanded back to the first appellate authority.

The CIC revealed that totally 19,996 appeals and complaints were registered of which 12,895 were disposed. Of the ones disposed, in 7,206 cases that is 56 per cent cases, the CIC ordered for information to be given.

[bahl_ajay]

Originally Posted by karira

Mr Gandhi said, "This means the commission rejected 45 per cent of the second appeals and complaints received on procedural grounds. This is a sad situation. The act even directs the PIO to help the citizen to even write the application." He said that CIC must adopt a more reasonable approach, instead of finding small mistakes to reject appeals. This also highlights the need for activists to understand and teach citizens the right format and method for filing the second appeals and complaints, to see that it does not get rejected by the commission.

There is no new deal in this the CIC has also started acting like any other Govt. Dept. Rejecting the applications on one ground or another just to gain some more time.

As far as my knowledge goes there is a provision with the CIC (Management) Regulations 2007 Chapter IV Para 11 (5) which clearly states that “Provided that no such appeal or complaint petition shall be rejected by the Registry unless the concerned appellant or the complainant is given an opportunity of being heard.”

So there is no reason that these 45% appeals go unanswered. Sooner or later the CIC has to act on these appeals also.