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  1. #1
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    What is the Wau Out when the PIO does not obey the SIC ?


    What to do when the PIO does not obey the orders of the SIC ? There are orders of CIC spelling out that such an act amount to " offence under various Sections of IPC" and in such cases the Commission recommend for appropriate action to the PA. But the act is silent on the cource of action of appellants when the PIO does not obey the orders issued by the Commission or continue to give malafide or incorrect information. However the practice hitherto been was to Complain before the SIC.

    Often, on enquiry from the Commission based on the Second Complaint, the PIO invariably furnish the information and report to SIC that the information sought for has already been furnished. Knowingly or unknowingly the commission does not probe the date of furnishing the information leaving the PIO scot free for disobedience of its orders and make the appellant face the brunt.

    Following is an extract of a typical case decided by Kerala SIC vide his order CP No.492/2007/SIC dated 31-3-2008
    x x x x
    2. The Commission pursued action on the complaint and report was obtained from the PIO. The PIO reported that information as requested by the petitioner had already been given.

    3. The Commission while considering the case found that the matter leading to this complaint had already ben consdiered in AP. No.116/2006 and orders thereto issued on 9-7-2006. The Commission is constrained to observe that the Commission cannnot nor is expected to consider a case, on unlimited times to satisfy a complainant/appellant. Once an appeal is considered and orders issued thereto, that is final. The appellant, may, however, on exceptional grounds approach the Comnmission, to review with a Review Petition. The Commission may consider it on merit and dispose it off as per the procedure adopted for the disposal Review Petitions by the Courts.
    4. The complaint is disposed off accordingly.
    x x x x
    The above order imply that theSIC does not appreciate an appellant complaining second time after it issued orders irrespectibve of its disobedience by the PIO. The delay involved in this case is more than 16 months and the SIC is not at all bothered.
    What is the solution ?


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    Last edited by colnrkurup; 04-04-08 at 12:53 PM.

  2. #2
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    C J Karira
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    Re: What is the Wau Out when the PIO does not obey the SIC ?


    Sec 19(7) makes the decision of the CIC/SIC as "binding"...binding for both the applicant and the PIO.

    The only course of action after this, is a Writ Petition in the High Court.

    The point to be considered is whether the PIO abided by the deadlines/orders issued by the SIC on 9-7-2006. If he did not abide by the deadline (if one was issued in the SIC order since many decisions of especially the SIC's don't give any time limit), then definitely the SIC has to listen to the appellant. Under Sec 18(1)(f) the applicant can complain to the SIC about a PIO who is not abiding by the orders of the SIC. There is no limit on the number of times an applicant can complain under Section 18.

    Is it possible for you to file a RTI Application with the SIC and ask them to explain and give reasons for:

    The Commission is constrained to observe that the Commission cannnot nor is expected to consider a case, on unlimited times to satisfy a complainant/appellant. Once an appeal is considered and orders issued thereto, that is final. The appellant, may, however, on exceptional grounds approach the Comnmission, to review with a Review Petition. The Commission may consider it on merit and dispose it off as per the procedure adopted for the disposal Review Petitions by the Courts.

    under Sec 4 (1)(d). Ask them to give you all the dates:

    - Date of application
    - Date of PIO reply
    - Date of First Appeal
    - Date of First Appeal Order
    - Date of Second Appeal
    - Date of Second Appeal hearing
    - Date of Second Appeal order
    - Date by which PIO was supposed to give information
    - Date on which applicant again approached the SIC
    - Date on which the SIC started enquiry
    - Date on which PIO actually gave the information
    - Date of reply from PIO to SIC on second enquiry

    This will make matters absolutely clear.
    Using these dates you can definitely make a "complaint" to the SIC and request them to ammend the above decision since it is not correct.

    If you think they will not give you information as per above, ask for inspection of the complete file/records of this particular appeal, which will contain all the above information.

    Once you have the information you can file a case in High Court....against the PIO for disobeying the SIC orders and also against the SIC for not being "just and fair" in the judgement.

    The other thing I am wondering (and not at all sure) is that under Sec 18(3) the CIC/SIC have the same powers as are vested in a Civil Court while trying a suit under Code of Civil Procedure, 1908. Therefore, can a PIO who disobeys the SIC orders be hauled up for contempt of court ? Maybe some learned advocate on this forum can guide us about this point.
    Twitter: @cjkarira

  3. #3
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    I do have almost all the above dates. I am not prepared to waste my efforts and money in filing a case in the High Court at a far away place. There are very very more serious issues in Kerala for which people have gone to the High Court. People approaching High Court against actions of Govermnemtn is being routine here nothing happens.

    As for as the information part is concerned I got it. That copy shows how forgery on a statement of a delinquent is done by the Deputy Collector Vigilence, with the connivance of the top to accommodate a powerful vested interest. The top was so powerful that they had initiated a case to exempt the department who did the investigation under the exemnpted department to avoid giving out the copy of above letter. Of cource the government has turnmed it down. In fact this may be the first application (28-10-2005) from Kerala aftrer enactment of the RTI Act. Even the SIC was not positioned at that time. I got the information after 2 years. My intention of bring out the issue was to show that the SIC does not award penalty even in such concrete case.

    Dear Mr.Karira,
    My doubt is that "can a cityzen treat SIC, at par with other public authorities for seeking information under Section 4(1)(d), especially concerning their decisions. ? Like judgments of courts are their orders protected from questioning ?
    Last edited by Shrawan Pathak; 02-05-08 at 07:15 PM.

  4. #4

    Re: What is the Wau Out when the PIO does not obey the SIC ?



    Even assuming that one can seek information " concerning their decisions " can sought for from a forum like SIC/CIC, what info will we ask for? Info as available only can be asked for, we cannot ask why penalty was not levied in a particular case and why it was levied in another. This sort of 'why' or reasoning cannot be asked under the Act.

  5. #5
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    Re: What is the Wau Out when the PIO does not obey the SIC ?


    I said " Information under Section 4(1)(d) " i.e., "Provide reasons for its administrative or quasi-judicial decisions to affected persons". My doubt is whether in the above case, should we deem whatever is stated by the SIC as judicial decision or quasi-judicial decision ? Of course if we treat it as a judicial decision, Section 4(1)(d) is of no use.

  6. #6
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    Re: What is the Wau Out when the PIO does not obey the SIC ?


    Colnrkurup,

    There are many decisions of the CIC and some SIC's in which they have asked to disclose and give reasons under Sec 4(1)(d). However, when it comes to "in-house" affairs, most applications for reasons under this section are dismissed with the comment that what is asked is not "information".

    Please see the following thread for some decisions of CIC wherein the Second Appeals are against the CIC itself and include some under Sec 4(1)(d):

    http://www.rtiindia.org/forum/3474-s...rders-cic.html

    Taurus,

    What is the way out ?
    These days it is becoming more and more common to see PIO/AA/PA ignoring the decision/orders of the CIC/SIC. NOT A SINGLE SIC or the CIC has the system in place to follow up on their orders to see if they are followed and if the penalties imposed by them are recovered or not. In such a situation, they should rely on the applicant himself to bring it to their notice if a order is not implemented or a penalty is not paid. In this case, the applicant has done something similar and the SIC has cast doubts on the applicant himself without going into the dates of the different events/replies/applications.
    Twitter: @cjkarira

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    Re: What is the Wau Out when the PIO does not obey the SIC ?


    where it is defined QUASI JUDICIAL power in RTI Act?
    Does Qussi Judicial means all power of COURT ?
    Also who ensure that SIC/CIC not misue quasi judicial powers?
    Also if some could guide, if 19(2) is closed can we file RE-Appeal?
    Rejimon CK
    Sector 22
    Dwarka, ND-77

  8. #8
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    Re: What is the Wau Out when the PIO does not obey the SIC ?


    Defenition of the term: "quasi-judicil " referred to in Section 4(1)(d) of the RTI Act is not given in the RTI Act. In such cases the defenition available in he dictionery should suffice. - A quasi-judicial body is anindividual or organisationm which has powers resembling those of a court of law or judge and is liable to remedy a situation or impose legal penalties ona person or organisation"

    Quasi-gudiocial forums does not have all the powers but only those specificlly delegated by competent authority

    Unfortunately presently there is none to ensure that the CIC/SICs does not misuse their powers. Thee is not even a single agency to coordinate the acivities of all the Commissions, There is none to check their contradictory orders.

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