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Thread: Catch 22 situation......need help

  1. #1
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    C J Karira
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    Catch 22 situation......need help


    I applied to the PIO for some information about roads in my area.
    I had to go 3 times to the PA to find out who is the PIO since there was no board in their premises and no one was willing to even accept the RTI Application till "bada saheb" had a "dekho" at it.

    So, for good measure, I filed a total of 3 applications with the PIO:

    - About Roads
    - About Name board of PIO
    - About implementation of Sec 4

    No replies from PIO within 30 days.
    First Appeal filed with the FAA after expiry of 30 days.
    FAA ordered hearing and sent me notice.
    Hearing was held.
    Now 45 days are over after filing First Appeal and FAA has still not passed any order...spoken or written, and I have not received any information from PIO.

    I have readied my Second Appeal to the CIC but the problem is that since the last few days, I am frequently seeing at least 4 to 5 orders daily of the CIC "remanding" the matter back to the FAA, EVEN THOUGH the applicant has exhausted the First Appeal. The words being used are:

    Because the 1st appellate authority has not addressed
    the question of appellant, which is of direct concern to his public authority and
    because appellant has pleaded no ground for making a direct complaint to us u/s
    18 (1) (e), the Commission has decided to remand this appeal to.......

    How to draft the First Appeal so that CIC does not revert the matter back to the FAA once again.

    I do not want to "complain" to CIC under Sec 18' since invariably CIC is sending the matter back asking applicant to exhaust the procedure under Sec 19(1) first.


    Twitter: @cjkarira

  2. Re: Catch 22 situation......need help


    yes sir, your position is being experienced by others too and it is resulting in unnecessary harassment and wast of time to the information seeker. in my own case, i had approahed the CIC after exhausting the first remedy withn the public authrotiy who had refused to supply the report of the investigation on the lines of the CPIO. the cic gave the decision directing the CPIO to supply the report but added in the end that "in case the appellant is still dissatisified he has the liberty to approach the first appeallte Authority" and disposed the appeal. as expected the CPIO despite CIC clear direction didnot supply the investigation report and I was in dilema whether to approach the FAA and then compalin to CIC about non-complaince of commission direction. However I Felt it is only time consumeing since on the same matter the FAA had earlier refused to disclose the information. so, I have presently made a compalint regarding non-complaince of Commision direction and is pending for the alst three months. I feel the decision of the CIC should be speaking order and shall be binding on the public authorities. bunch of complaints to the Chief Informaion Commisioner of CIC may help to resolve the problems like this.I want to know what the other RTI friends suggest to get some soloution to problem like this.regards(umapathi.s)

  3. #3
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    Re: Catch 22 situation......need help


    umapathi,

    Sec 19(7) already makes it binding:

    19.7.The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.

    Further, Sec 23:

    23.

    No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.


    But, as the last 2 years of the RTI Act have shown, who cares ?
    Twitter: @cjkarira

  4. Re: Catch 22 situation......need help



    yes, but still one have a recourse to High court by writ petitions under Article 226 of the constitution.any decision of CIC being judicial in nature can be questioned if its decision is arbitary or unconstitutional or against the RTI provsion or involves violation of Fundamental Rights of a citizen.Alternatively I feel one can make a review petition to CIC to highlight the basci error of its decision.

  5. #5
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    Re: Catch 22 situation......need help


    umapathi s,

    Sir, a Writ Petition in High Court will cost a applicant a minimum of Rs 25,000.00. Then there is the question of additional time involved.
    How many citizens of this country will have the motivation, time, energy and patience to go all the way ?

    Even our hon'ble member of parliament gave up ! Please see:

    https://www.rtiindia.org/forum/3384-i...pped-sics.html

    Dr M V Mysura Reddy gave up and wrote to the PM. He is an MP and can write to the PM. What about a common citizen ?

    In any case if a Writ in HC was a solution, then why have the RTI Act at all ? Why have a PIO, a AA and CIC/SIC ? A citizen will send a ordinary letter to a Government department for information and if there is no reply, he will simply file a Writ in the HC. What is the need for all this paraphernalia at the taxpayers expense ?

    Regarding matter to go back to the CIC / SIC for review, please note that these are "frowned" upon by both the SIC and CIC. Please see:

    https://www.rtiindia.org/forum/3182-r...ances-cic.html
    https://www.rtiindia.org/forum/3130-review-first-aa.html

    The SIC's have been confidently throwing the RTI Act and its sections to the wind. The CIC has also started doing that. Please see:

    https://www.rtiindia.org/forum/3659-c...sses-buck.html
    Twitter: @cjkarira

  6. #6
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    C J Karira
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    Re: Catch 22 situation......need help


    Is it possible, in my case, to file under both:

    Second Appeal under Sec 19(3)
    AND
    Complaint under Sec 18(1)(c)

    Is there any bar in stating both these simultaneously as the grounds for approaching the CIC ? Will this be enough for CIC not to "remand" the matter back to FAA ?

    Please suggest.
    Twitter: @cjkarira

  7. Re: Catch 22 situation......need help


    1. Why don't you send a reminder to FAA and also to PIO?
    2. Filing as both Second Appeal and Complaint is a good bet.

  8. Re: Catch 22 situation......need help


    Before filing second appeal, the applicant is required to send a copy of second appeal to PIO & FAA. The applicant can request in copy to FAA to review FAA 's own instructions/decision earlier conveyed to CPIO in view of points of appeal stated to CIC /SIC, during pendency of appeal at CIC/SIC level. It can also be stated that applicant is not satisfied with PIO reply given after orders were issued by FAA. In such a situation CIC/SIC will not be able to decide to revert back to FAA. I have recently tried this and I am awaiting the outcome from CIC.
    It takes each of us to make difference for all of us.

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