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Thread: Implementation of CIC decision

  1. Re: Implementation of CIC decision


    Can you please quote the reference no. of the CIC decision so that we can view it directly from the CIC website and understand the same in a better manner?


    Defeat is not final when you fall down. It is final when you refuse to get up.

  2. #10

    Re: Implementation of CIC decision


    The decision no. is 1050/IC(A)/2007 you may view on CIC site

  3. Re: Implementation of CIC decision


    Quote Originally Posted by sngupta View Post
    A very easy discussion is there. In my company there is APIO, PIO and CPIO. In the personal hearing I made a mistake I could not ask the representatives to whom they are representing. Actually they were representing PIO but in decision Mr. Ansari used the word CPIO. My problem is this that to whom I may ask to inspect the records. I prepared an application addressing CPIO and submitted same to my immedaite official superior to forward the same to CPIO. The PIO himself directly interacting with me so far in spite of I am giving my all applications to APIO. My application under decision of CIC was not forwarded to CPIO and reply has been made by PIO. No where it is clear to whom is liable to provide the information and inspection the records. You Mr. MPAI advised me to submit the application under section 5(4) to particular office. From this it is not clear to whom I may submit my application. Either it to APIO,PIO,CPIO or Appeallant authority.
    1. CPIO and the PIO are one and same.
    2. You have to approach the PIO for inspection of documents.
    3. APIO is only a Post Man. He can only forward your applications / appeals to the PIO / AA. So it is the PIO who has to do all the communication.
    4. You do not have to submit an application u/s 5(4). It is for the PIO to obtain the information within his office / PA and provide the same to you within the prescribed time frame.

    Looks like you will need to re-read the RTI Act. 2005 properly.

    Best wishes

    Manoj

  4. #12

    Re: Implementation of CIC decision



    Thanks for your guidance here it is slight difference of opinion that no one is ready to provide information. Actually pio intentionally not interested to get inspected the records. Is there any obligation on PIO to get inspected the records. Without obligation there is no way to get the inpsected the records. By giving another application I have collected so many need full informations.

  5. #13
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    Re: Implementation of CIC decision


    Quote Originally Posted by sngupta View Post
    A very easy discussion is there. In my company there is APIO, PIO and CPIO. In the personal hearing I made a mistake I could not ask the representatives to whom they are representing. Actually they were representing PIO but in decision Mr. Ansari used the word CPIO. My problem is this that to whom I may ask to inspect the records. I prepared an application addressing CPIO and submitted same to my immedaite official superior to forward the same to CPIO. The PIO himself directly interacting with me so far in spite of I am giving my all applications to APIO. My application under decision of CIC was not forwarded to CPIO and reply has been made by PIO. No where it is clear to whom is liable to provide the information and inspection the records. You Mr. MPAI advised me to submit the application under section 5(4) to particular office. From this it is not clear to whom I may submit my application. Either it to APIO,PIO,CPIO or Appeallant authority.
    The direct link is here:

    http://cic.gov.in/CIC-Orders/Decision_19072007_15.pdf

    sngupta, the decision of Prof. A A Ansari seems to be correct.
    As per procedure laid down in the RTI Act, you should have first appealed to the AA and gone to the CIC if there was a need for Second Appeal.

    APIO: Assistant Public Information Officer
    CPIO: Central Public Information Officer
    PIO: Generic Term used either for CPIO or SPIO (State....)
    AA: Appelate Authority

    PIO/CPIO should be the same person in the Public Authority or the Administrative unit of the PA.

    Application can be given to the PIO (CPIO in the case of BSNL) or the APIO (Technically it should be ACPIO in case of BSNL)

  6. Re: Implementation of CIC decision


    Quote Originally Posted by karira View Post
    (Technically it should be ACPIO in case of BSNL)
    I really hate to correct you it should be CAPIO ;-)

    I guess, it was a typographical error.

  7. #15
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    Re: Implementation of CIC decision


    manoj,

    Thanks, yes a typo.

  8. Re: Implementation of CIC decision


    Quote Originally Posted by sngupta View Post
    I want to know by this forum the implementation of CIC decisions comes under which section of RTI 2005. As I know application under RTI, 1st appeal and second appeal provision comes under RTI. The implementation of decision once again comes under civil procedure code. Please say me what is actual position
    In response to this query of Shri Satya Narain Gupta, I had sought the views of our forum member Shri Sai Srujan, an young and energetic practising advocate of the Madras High Court, on this matter. As he has felt a little delicate to participate directly in the discussions, he has sent me his opinion and I am appending the same here for the benefit of our members. All the due credit for this reply goes to Shri Sai Srujan--Ganpat

    1.0 Select provisions of Civil Procedure Code[CPC] are made applicable u/s 18(3) of the RTI Act only for the following limited purposes:
    -summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;
    -requiring discovery and inspection of documents;
    -receiving evidence on affidavit;
    -requisitioning any public record or copies thereof from any court or office;
    -issuing summons for examination of witnesses or documents;
    <SCRIPT><!--D(["mb","-any other matter\nwhich may be prescribed.\u003c/span\>\u003c/font\>\u003c/i\>\u003c/p\>\n\n\u003cp style\u003d\"text-align:justify\"\>\u003cfont size\u003d\"2\" face\u003d\"Arial\"\>\u003cspan style\u003d\"font-size:10.0pt;font-family:Arial\"\>*\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"text-align:justify\"\>\u003cfont size\u003d\"2\" face\u003d\"Arial\"\>\u003cspan style\u003d\"font-size:10.0pt;font-family:Arial\"\>2.1 In view of the above, provisions\nof CPC could not be invoked for executing an order of CIC. Instead CIC has been\nempowered u/s 20(1) to impose penalty on the non-compliant Central\n PIO.* Penalty leviable under this section is Rs.250 each day\ntill the \u003ci\>\u003cspan style\u003d\"font-style:italic\"\>information\u003c/span\>\u003c/i\> is furnished\nto the applicant, subject to total penalty not exceeding Rs.25,000/-. \u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp\>\u003cfont size\u003d\"2\" face\u003d\"Arial\"\>\u003cspan style\u003d\"font-size:10.0pt;font-family:Arial\"\>*\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"text-align:justify\"\>\u003cfont size\u003d\"2\" face\u003d\"Arial\"\>\u003cspan style\u003d\"font-size:10.0pt;font-family:Arial\"\>2.2. Further, u/s 20(2), CIC is also\nempowered to recommend disciplinary action against Central PIO under the\napplicable service rules, if the PIO without reasonable cost fails to receive\nan application or has not furnished information within the time specified u/s\n7(1) and malafidely denies information or knowingly gives incorrect/incomplete/\nmisleading/ destroyed/obstructs information.\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp\>\u003cfont size\u003d\"2\" face\u003d\"Arial\"\>\u003cspan style\u003d\"font-size:10.0pt;font-family:Arial\"\>*\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"text-align:justify\"\>\u003cfont size\u003d\"2\" face\u003d\"Arial\"\>\u003cspan style\u003d\"font-size:10.0pt;font-family:Arial\"\>3.0* The aggrieved applicant,\ncan also apply to the jurisdictional High Court under Article 226 of the\nConstitution seeking a Writ of Mandamus directing the PIO concerned to\nimplement the CIC’s order.* If the PIO willfully disobeys the court\norder, a contempt petition for willful disobedience of the High Court order\nwould lie against the PIO.* \u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp\>\u003cfont size\u003d\"2\" face\u003d\"Arial\"\>\u003cspan style\u003d\"font-size:10.0pt;font-family:Arial\"\>*\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp\>\u003cfont size\u003d\"2\" face\u003d\"Arial\"\>\u003cspan style\u003d\"font-size:10.0pt;font-family:Arial\"\>",1]);//--></SCRIPT>-any other matter which may be prescribed.

    2.1 In view of the above, provisions of CPC could not be invoked for executing an order of CIC. Instead CIC has been empowered u/s 20(1) to impose penalty on the non-compliant Central PIO. Penalty leviable under this section is Rs.250 each day till the information is furnished to the applicant, subject to total penalty not exceeding Rs.25,000/-.

    2.2. Further, u/s 20(2), CIC is also empowered to recommend disciplinary action against Central PIO under the applicable service rules, if the PIO without reasonable cause fails to receive an application or has not furnished information within the time specified u/s 7(1) and malafidely denies information or knowingly gives incorrect/incomplete/ misleading/ destroyed/obstructs information.

    3.0 The aggrieved applicant, can also apply to the jurisdictional High Court under Article 226 of the Constitution seeking a Writ of Mandamus directing the PIO concerned to implement the CIC’s order. If the PIO willfully disobeys the court order, a contempt petition for willful disobedience of the High Court order would lie against the PIO.
    Defeat is not final when you fall down. It is final when you refuse to get up.

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