New File Added: SIC cannot order for refund of fees

[rtiindia]

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SIC cannot order for refund of fees

SIC has no powers under Sec 18 to order refund of fees and PIO must consult third party before disclosure


Applicant asked SIC to intervene under Section 18 of RTI. It is not clear from the judgment as to why Section 18 was used. Section 18 is to be used when PIO refuses to take applications for RTI, or if there is no PIO appointed by the PA, fees are too high, records provided are incomplete, etc.Apparently applicant asked information, about refund of fees, from Gujarat University. Unsatisfied with the response, the applicant filed case in SIC. SIC ordered Ahmedabad Education Society (Society), the petitioner in the High Court, to refund fees to the applicant.The court noted that the Society was a third party. The Society had no knowledge of applicant making a request to the university. The Society had no chance to present its case to PIO, AA or the SIC. The SIC did not notify the Society or made it a party to the appeal.The court noted that section 18 powers are to allow SIC to investigate why an applicant was not provided with the opportunity under RTI. The section allows SIC power to subpnoena records, force official to testify etc, it is not meant to allow SIC to act as a civil court resolving civil disputes. In the present case the applicant had a civil dispute with the Society. SIC had to power to decide the issue.The court dismissed the order of SIC.(Synopsis provided by our member Satish Gupta)