matter related to life

[advocate rajesh]

sir/friends

if an information related to Life is demanded which is supposed to be deliovered with 48 hours and the same is not provided after how many days appeal will be files and the appeal will be decided in how many days any provision/rule in RTI act what if lot of time is consumed .

[sandeepbaheti]

As of now there is no separate provision relating to appeal. If we go by the Act, the appeal is to be filed within 30 days after expiry of 48 hours and the FAA has 30+15 days to settle the matter.

However, in this regard, there was a case where a person who wanted urgent reply within 48 hours was not given information. He approached the CIC to take up the matter urgently but because of operational issues CIC was unable to do so. He directly approached the High Court and considering this matter as urgent, the High Court took up the matter and passed order in favour of the information seeker.
The details can be viewed here:
RTI effect: GTB to treat woman for free

[advocate rajesh]

Sandeep ji ,then what is the fun regarding incorporating this 48 hours time limit the law maker should a note of this otherwise it is abig fault .

[advocate rajesh]

itake back my therad

[abhi987]

Logically in case where the clause of Life and Liberty is invoked, PIO gets 48 hours to reply, FAA may also get further 48 hours and SIC / CIC also gets further 48 hours.

Logically alternately if the matter is genuine PIO gets 48 hours and then straight SIC / CIC gets 48 hours.

[advocate rajesh]

Sir,but as the provisions are not clear in the act it will always favour the pio or FAA and then the purpose of the provision will not be solved ,can this point be discussed in length and if any point comes out the same should be reffered to thw concerned thanks for discussing

[abhi987]

When it is a question of Life and Liberty, genuineness of the application will matter.

[jps50]

It would be prudent to approach SIC/CIC through email/fax once PIO has not supplied info within 48 hours. First appeal will delay the matter and it may cost life of the applicant.

[advocate rajesh]

jps50 sir
you are having a very good saying "Bad elements proposer since good do not act "
if all we come together every thing is possible.

[DineshK]

Recently while submitting application online to CIC, I found the options "Is it related to Life ?" and "Are you a senior citizen ?" . Certainly they must be having some priority on the case.

[jps50]

If 48 hour appeals/complaints do not get top priority at CIC level then, it would be utter failure of system there. The IC or staff can be held responsible if delay proves fatal to the appellant/complaintant if matter reaches HIgh or Supreme Court level.

[sandeepbaheti]

Fully agreed that matters relating to life and liberty should be treated urgently not only at the PIO level but also at higher levels. Even penalty for refusing such information should be higher.
But as of now there is no explicit provision in the act regarding this matter.

[advocate rajesh]

emergeny matter should be dealt on top priorty and if the it is found that the matter was of top priority and the the SPIO has not dealt it seriously he should be examplery punished ,for that there should be provision in the act itself .

[jps50]

I think we need to file RTI applns with CIC and few SICs to know how "48 hour" appeals/complaints are processed and what is the system in place at their end.

[advocate rajesh]

Sir I have just written a letter to CIC Mr Madhwan ..Haryana .It is very good idea, I will mention the fact in the letter so that some clarification may come from the other side.
Thanks Jps50