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
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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 ?