GIC appeal decisions

[ajayjangid]

Gujarat information commission diverting appeal under 19(3) to again to FAA under 19(1) RTI Act 2005.

i visited GIC website and found many decision by ICs,

Appellant not get information filed First Appeal not get decision in time prescribed under 19(6), files second Appeal waited long time and .....IC decision is " go to FAA , FAA will give his/her decision in 30 days , if you not satisfied you can file second appeal again."

i found many of decision of the same.

please share your view.. this is against the spirit of Act. what can we do in the same.

[karira]

Sponsorer

Most SICs and also the Central Information Commission have started doing this.

One has to check whether these were "second appeals" or "complaints" filed with the SIC. If they are complaints, then it is better to remand back to the FAA because after the SC judgment on sec 18 v/s 19, the Commission cannot order disclosure of information, while deciding a complaint under Sec 18.

On the other hand if these were second appeals, then it is not correct to remand the matter back to the FAA.

[Yogi M. P. Singh]

Hon'ble members. In view of your friend, even a layman knows it that proceeding under subsection 3 of section 19 of R.T.I. Act 2005 is commenced when proceeding under subsection 1 of section 19 of transparency act ends. How a commissioner can commit such mistake when Hon'ble Supreme Court of India categorically quoted in its judgement that section 19 will be used to made available information and section 18 will be applied by commission to implement its orders. Thus apex court ended the contraversy regarding the application of these provisions of transparency act. My respected friend if whatever you have quoted is really true, then this gross violation of the provisions of transparency act. Since commission is instrumental in providing information so in those cases in which subsection 1 of section 19 has not been used, cmmission directs information seeker to apply this provision. If disciplinary action may have been taken, for delay in providing information, then commission how can apply section 20 of transparency act on PIO. Even section 19(3) can be applied if 19(1), only provided the information but did not consider the delay in providing information.