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Thread: “Appeal/Complaint disposed” – No Mr. Commissioner you cannot “dispose” !!

  1. #1
    Posts
    44,438
    Name:
    C J Karira
    Blog Entries
    9
    Rep Power
    552

    “Appeal/Complaint disposed” – No Mr. Commissioner you cannot “dispose” !!


    To:


    1. The Chief Information Commissioner
    Central Information Commission, New Delhi

    2. All Information Commissioners
    Central Information Commission, New Delhi

    3. The Secretary, DoPT Dated: 15 January 2016


    “Appeal/Complaint disposed” – No Mr. Commissioner you cannot “dispose” !!

    The past and present Information Commissioners in the
    Central Information Commission have been “disposing”
    second appeals/complaints by issuing directions and then
    disposing of the appeal/complaint. Disposing or closing a
    appeal/complaint till the directions are complied, has
    absolutely no meaning or sanctity.

    Every order contains some directions of the Commission
    and/or imposes a penalty and invariably the order is signed
    off with the words/phrase:

    “The appeal (or complaint) is disposed of accordingly.”

    I have personally brought this to the attention of all Information
    Commissioners (past & present) in the CIC, as well as various
    Jt. Secretary (Law) and Legal Assistants. As is usual, no one ever
    paid attention and nor did they listen to what was being explained.

    Attached is a Judgment of the Hon’ble High Court of Allahabad
    which now confirms that a matter cannot be “disposed off” till
    the directions are complied with (in this case the submission of
    an affidavit):

    ………the impugned order dated
    19 August 2016 is modified to the extent that the affidavit
    directed to be filed by the fourth respondent, National highways
    Authority shall be filed in pending appeal No.
    CIC/YA/A/2015/901985, if not already filed, upon filing of the
    affidavit, the Commissioner shall decide the appeal on merit
    expeditiously. The appeal is restored to its original file and
    number.

    I hereby request you to kindly circulate this judgment to all
    concerned so that the present and future Information Commissioners
    take care not to “dispose” off matters until they reach finality.

    Thanking You,
    C J Karira



    cc:
    1. Mr Wajahat Habibullah : Please recall our long discussion
    on this subject matter while you were passing an order in
    case Nr. Complaint No CIC/WB/C/2009/900352 dated: 11.11.2008
    2. Mr Satyananda Mishra: Please recall our long argument
    while you were passing an order disposing off my second
    appeal in case seeking documents related to appointment
    of Information Commissioner
    3. Mr M. L. Sharma: Reference your order in case
    No. CIC/LS/A/2009/000312 when I had insisted that the
    case cannot be disposed off till the penalty of Rs. 1000.00
    is recovered.


    Attached Files Attached Files
    Twitter: @cjkarira

  2. Re: “Appeal/Complaint disposed” – No Mr. Commissioner you cannot “dispose” !!


    Those members who have received decisions and if such penalties are pending, can now raise objections.

  3. #3
    Posts
    4,023
    Name:
    Surendera M. Bhanot
    Blog Entries
    13
    Rep Power
    58

    Re: “Appeal/Complaint disposed” – No Mr. Commissioner you cannot “dispose” !!


    I have also written similar letter to the CIC of Punjab State information Commission as well as Haryana State information Commission with a copy to DoPT and all other State information Commissions as per the copy of the letter attached, almost on the lines on which Karira did.
    Attached Files Attached Files
    _____________________________________________________________________
    TEAMWORK MAKES THE DREAM WORK

  4. Re: “Appeal/Complaint disposed” – No Mr. Commissioner you cannot “dispose” !!



    Why This is reported when we click the attachment

    Internal Server Error

    The server encountered an internal error or misconfiguration and was unable to complete your request.
    Please contact the server administrator at webmaster@rtiindia.org to inform them of the time this error occurred, and the actions you performed just before this error.
    More information about this error may be available in the server error log.
    Additionally, a 500 Internal Server Error error was encountered while trying to use an ErrorDocument to handle the request."

  5. Re: “Appeal/Complaint disposed” – No Mr. Commissioner you cannot “dispose” !!


    There was server error and Administrator is already working on it. Hope every thing will be alright by tomorrow.

  6. Re: “Appeal/Complaint disposed” – No Mr. Commissioner you cannot “dispose” !!


    It has been rectified. Can you please try to download it now @Surendera M. Bhanot @G.L.N. Prasad

    Thanks for the patience

  7. Re: “Appeal/Complaint disposed” – No Mr. Commissioner you cannot “dispose” !!


    Congratulations. You have made it. Downloaded successfully.

  8. Re: “Appeal/Complaint disposed” – No Mr. Commissioner you cannot “dispose” !!


    Yes. Download is okay now.
    Satyameva Jayate सत्यमेव जयते

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