Whether C.I.C. , U.P.S.I.C. can enforce its order passed under section 20 of R.T.I. Act 2005 in case government concerned is not interested so.
This is a discussion on Whether C.I.C. , U.P.S.I.C. can enforce its order passed under section 20 of R.T.I. Act 2005 in case government concerned is not interested so. within the RTI General Discussions forums, part of the RTI Views, Analysis & Group Discussions category; Respected members at present this tiny problem being faced by U.P.S.I.C. taking the form of giant. If the commission imposes penalty, then respective orders are sent to district administration concern ...
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Whether C.I.C. , U.P.S.I.C. can enforce its order passed under section 20 of R.T.I. Act 2005 in case government concerned is not interested so.
Respected members at present this tiny problem being faced by U.P.S.I.C. taking the form of giant. If the commission imposes penalty, then respective orders are sent to district administration concern by ordinary post. In this respect I made queries to district administration Mirzapur in respect of compliance of order of U.P.S.I.C. under R.T.I. Act 2005. Unfortunately PIO Collectorate did not furnish sought information. Sought information as it is, is posted to RTI India and is published for public view on the site. Non-compliance of order of commission causing nonrecovery of penalty from salary of errant PIOs consequently overcoming the fear of penal action illegally from the mind of law violators.
- 02-03-2012, 12:33 PM #2
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Re: Whether C.I.C. , U.P.S.I.C. can enforce its order passed under section 20 of R.T.I. Act 2005 in case government concerned is not interested so.
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use of ordinary post for service of judicial / quasi-judicial Orders for time-bound compliance of the same , is obnoxious and always suspicious . I had taken this matter in PIL before Honble High Court of Punjab and Haryana when SIC Haryana were posting the hearing notices by ordinary post .then respective orders are sent to district administration concern by ordinary post.
See attached Judgment .
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- 02-03-2012, 10:45 PM #3
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Re: Whether C.I.C. , U.P.S.I.C. can enforce its order passed under section 20 of R.T.I. Act 2005 in case government concerned is not interested so.
You have to first check what do the UP State RTI Rules and Appeal procedure Rules state in this matter. See the Guide section: UP RTI Rules 2005 - Guide
The penalty is imposed and indicated in the final orders. I feel those rules will mention about serving of notice - but not of posting or delivery of orders !
- 02-04-2012, 09:26 AM #4
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Re: Whether C.I.C. , U.P.S.I.C. can enforce its order passed under section 20 of R.T.I. Act 2005 in case government concerned is not interested so.
although not expressed specifically , but it describes the mode of Service by the IC . Otherwise , with such a Notice / Order , the IC will be sending a pre-cooked alibi to each public authority for its use just in case matter crops up later .
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Re: Whether C.I.C. , U.P.S.I.C. can enforce its order passed under section 20 of R.T.I. Act 2005 in case government concerned is not interested so.
In UPSIC IC/s impose (conditional) penalty on PIO (by giving good space/margin in guise of reasonable opportunity) and in case PIO comes to commission, everything goes ok and IC/s forget about the penalty. Some decisions of UPSIC can be seen here: New Page 1
regards
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