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Thread: Appeal Against Commission Decision

  1. Appeal Against Commission Decision


    Dear Friends,
    I am from Hyderabad, AP. I had filed 9 pages of application asking 42 points under RTI act-05 around 5 and an half months ago to the police department. Information, which i have requested related to the criminal cases. Those were pending for trail in the court. Actually these two were falsely implicated against me. PIO sent me part of information, whichi was also quite false, after 50 days. THen i filed appeal u/s 19(1) to AA by requesting him to provide me complete and correct information. AA did not respond to my applicaiton. THen i filed appeal u/s 19(3) to AP information commission after 4 months 10 days from the date of application. Commission has examined my case and issued notices to me and pio. we both have appeared. In this mean time pio sent me the information, which i have not received in my original representation, after receiving notice from commission. But he ignored the information, which i received false information. I asked commission to enquire under section 18(2) & 18(3) in the matter and asked them to provide me the correct information. But CIC of AP state information not considered about the false information, which was given by PIO and AA and 5 months time taken to send information. I filed gorund, why the information which i received was flase. But CIC of APIC not considered any thing. He just asked me to approach the competent court in the decision ( 5019/CIC/2007- 29/09/07). I am very unhappy about this decision. Mainly because i recieved some information from PIO, which was not available in any records and he did not take action against PIO and AA u/s 20(1) & 20(2) for giving reply after 5 months and supplying false information.
    I am very frustrated about the commission's Decision. Because Commission itself , not gone through the provisions in the RTI Act-05. In my case simply commission has thrown my case in to the dust bin. THis is the example how RTI act was implemented in the Andhra Pradesh. I have filed 10 applications to different public authorities in the AP. I did not get reply for singly application. All of them are with the commission. I am not sure that i would get justice in the commission. Because the way Chief Information Commissioner responded on my application disproves the performance of the commission.
    Finally i have decided to Appraoch the Honourble High court of AP to resolve my case. Mainly Honourble HIGH COURT OF AP is haivng jurisdiciton to look in to my case both the ways I.e as per Law and as per RTI Act-05.
    So i request you to help me to file writ petition in the high court of AP. Thanking you.



  2. Re: Appeal Against Commission Decision


    I am not sure if we can help you in writ petition filing at the high court, however, can you let us know what exact grounds does the Commission has refused the information?

  3. Re: Appeal Against Commission Decision


    You can look at other writs filed in Delhi High Court, for cases against Central Information Commission. These are available on internet. Be sure to look at Court Rules, there is good information on Delhi High Court web site.

  4. Re: Appeal Against Commission Decision



    Quote Originally Posted by kushal View Post
    I am not sure if we can help you in writ petition filing at the high court, however, can you let us know what exact grounds does the Commission has refused the information?
    Thanks Kushal for your reply. Commission did not look in to my appeal. Simply commission advised me to approach the court to get remedy.
    Ravindrababu.

  5. Re: Appeal Against Commission Decision


    Quote Originally Posted by Satish Gupta View Post
    You can look at other writs filed in Delhi High Court, for cases against Central Information Commission. These are available on internet. Be sure to look at Court Rules, there is good information on Delhi High Court web site.
    Thanks satish. I have gone through the court rules and writs also. But i could not trace the cases, which were filed against commission decision. So could you please send me the link. THanks agains.
    Ravindrababu.

  6. Re: Appeal Against Commission Decision


    Some of the writs filed in Delhi High Court, against CIC, are available at Apka Adhikar

    Hope it helps

    Satish Gupta

  7. Re: Appeal Against Commission Decision


    Thanks satish gupta.
    Ravindrababu.

  8. Re: Appeal Against Commission Decision


    Dear Ravindrababu,
    It is mandatory for the Information Commissions to impose penalites, when it has been proved that the PIO had deliberately delayed the information or provided wrong information. The use of word "shall" under S.20 makes it clear that it is not the discritionary power but a mandatory provision. As regards to the remedy in this matter, I would like to make it clear that S.23 bar the jurisdiction of the courts and no appeal can be filed. In such cases, the only remedy is to file writ under Article 226 of the Constitution, which is not an appeal but this article is invoked for the protection of fundamental rights and other special circumstances. The method of framing the writ is simple. There is no format. At the top of the writ you have to right the name of the HC ect. then the name of the petitioner and respondent and thereafter you have to narrate the story. The only thing is that you have to make it clear that you are the citizen of India and your FRs have been violated and hence this writ. In last you have to discuss the grounds and the relief you want from the HC. You may take an advice of some advocate to draft the writ.

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