Strange interpretation of Sec 18(1) by A.P. SIC

[karira]

In a recent order, CIC of AP has made a very strange argument:

http://www.apic.gov.in/QRTRLY/SCIC/2.../5821-2008.pdf

Sec. 18 (1) can be invoked where the Public Information Officer, refused to receive an application or not furnished the information within the time, without any reasonable cause or malafidely denied the request or the Public Information Officer knowingly gave incorrect, incomplete or misleading information. In the absence of these ingredients, it is not justified to admit a request as a complaint merely on the basis of mathematical computation of 30 days. The applicant has to invoke sec. 19 (1) and file 1st appeal before the next senior officer, above the Public Information Officer who will be having better knowledge of the Public Authority. Hence, it is only after exhausting this provision of 1st appeal one can approach the Commission by way of second appeal u/s 19(3). As the complainant has not followed the above procedure and as there are no justifiable reasons to admit the complaint, the same is hereby rejected u/s 18(2) and the complaint is hereby returned as not maintainable at the admission stage and the complainant is advised to first exhaust the provision of 1st appeal available u/s 19(1) and if even after 30 days of filing the first appeal, he still does not get the information, he may come up to this Commission by way of 2nd appeals available u/s 19(3) of the RTI Act, 2005 duly following the procedure prescribed in G.O.Ms.No.66, G.A. (I&PR.II) Dept., dated 25.02.2006.

Just see the two parts highlighted in red.
How can the honorable A.P. CIC, make two completely contradictory statements in the same paragraph ?
If mathematical computation cannot be used to calculate time, then what is the criteria for calculating time ?

OR

Does he mean that the 30 day time limit passed "without reasonable cause" ?
How does the A.P. CIC know that there was no reasonable cause for delay ? Who told him ?
How is the applicant supposed to know that there is no reasonable cause ? Is he supposed to go to the PIO and ask "Do you have reasonable cause for delay" ?

The A.P. CIC seems to be even more confused about Sec 18(1).
In: http://www.apic.gov.in/QRTRLY/SCIC/2.../3711-2008.pdf

b) If even after 30 days of filing the application before Public Information Officer, he still doest not get the information, he has to exhaust the provision of 1st appeal available u/s 19(1) of the RTI Act and that if even after 30 days of filing the 1st appeal, he still does not get the information, he may come up to this Commission by way of 2nd appeal available u/s 19(3) of the RTI Act, 2005 along with the copies of the application filed before the Public Information Officer, application fee, 1st appeal filed before Appellate Authority receipt in token of receipt of the application & 1st appeal.

There are many many orders in the month of August 2008 with the above comments.

It will be not out of place to mention, that in the month of August 2008, the A.P. CIC passed 237 orders during the month. (as per _:: Welcome to SCIC ::_) . I just read the first 60. There is only one order of the CIC where the second appeal has been rejected because information did not qualify under Sec 2(f). ALL (I repeat ALL) the other 59 decisions have ended with the appeal returned because "defected and deficient" or appeal just "returned."

I clicked on another 10 orders at random (out of the balance 177 orders in August 2008). Once again ALL the 10 I clicked on have also been returned due to "defects and deficiencies."

[sidmis]

Karira, you have found another candidate qualifying himself u/s 17. IC Khan may have some company soon.

[vijendra singh]

All the activists must write to DoPT & the President of India to return the DEFECTIVE IC immediately . Otherwise some tortured citizens can suicide because of erring acts of the erring IC.Infirmity of mind also to be checked. Was he appointed to perform against RTI spirits.& to harrass the innocent citizens ? Arvind Kejriwal , a reputed person of India , must be appointed as IC there.

[karira]

Originally Posted by vijendra singh

All the activists must write to DoPT & the President of India to return the DEFECTIVE IC immediately .

This is not a IC, it is the Hon'ble CIC of Andhra Pradesh.

[colnrkurup]

I fully agree with all the views. Though the SIC's orders are not in confirmity with the explicit provisions of the RTI Act, following aspects highlighted by him appears sensible :

1. The applicant has to invoke sec. 19 (1) and file 1st appeal before the next senior officer, above the Public Information Officer who will be having better knowledge of the Public Authority. Hence, it is only after exhausting this provision of 1st appeal one can approach the Commission by way of second appeal u/s 19(3).

2. An applicant has to exhaust the provision of 1st appeal available u/s 19(1) of the RTI Act and that if even after 30 days of filing the 1st appeal, he still does not get the information, he may come up to this Commission by way of 2nd appeal available u/s 19(3) of the RTI Act, 2005