Happy to inform I had filed a case (shared in this forum than) against illogical decision of SIC, Raj in 2012. Ultimately yesterday final hearing was done and case was decided in my favour with cost on PIO (Chief Engineer PHED) to be recovered from his salary.
Brief Summary of my case
RTI application made to Chief Engineer PHED with IPO.
PIO returned my application with IPO saying that apply to another PIO.....
Filed complaint to SIC Raj u/s 18 for refusal to accept and/or transfer of my RTI u/s 6(3)....
SIC directed me while disposing my complaint, to approach PIO again with in 7 days and also observed that there was no error done by me while submitting my RTI request.
Ground taken by me in court:
1. SIC cannot order other than penalty on my complaint (cited Manipur case)
2. Cited 2 similar cases of same SIC, where in application with fee was returned by PIO to applicant and SIC had noted in his decision that there is no provision in RTI act to return the fee/application, hence PIO was directed to provide information (hence discrimination with me).
3. Cited Namit sharma case, which bounds SIC and similar tribunals to abide by laws of precedence set by High courts and SC.
All the points well accepted by learned justice of Raj HC. Soon I will upload copy of judgment as soon as I get it from court.
Last but not least, I must thank this forum and many stalwarts of this forum who motivated me by their learnings, experiences and their quest for fight for justice.
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