Page 1 of 2 12 LastLast
Results 1 to 8 of 9
  1. #1
    Posts
    43,873
    Name:
    C J Karira
    Blog Entries
    9
    Mentioned
    43 Post(s)
    Tagged
    14 Thread(s)
    Quoted
    168 Post(s)

    Another "toss it back" decision from CIC


    There seems to be no end to the "tossing back" by CIC.

    http://cic.gov.in/CIC-Orders/PB-15052008-17.pdf

    RTI Application date: 18 Aug 2006
    CPIO's reply date: Not indicated in CIC order
    First Appeal date: 15 Jan 2007
    Response from FAA: NO RESPONSE
    Second Appeal date: 12 Sep 2007
    CIC calls for comments from PA: 22 Nov 2007
    PA's comments date: 17 Dec 2007
    Appellants rejoinder date: 16 Jan 2008
    Date of CIC order: 15 May 2008

    And the order of IC Padma Balasubramanian is:

    "I have gone though the RTI request, CPIO reply as well as comments of the Public Authority. I find that information in respect of point 1 to 5 and 7 has been denied under various Sub-Sections of Section 8(1) of the RTI Act. I have also noted that the first appeal filed by the appellant is still pending with the AA. I direct the AA to dispose of the same within 15 days of the receipt of this direction. In case, the appellant is not satisfied with the decision of the AA, he can approach the Commission again, as per the provisions of the RTI Act. On the above lines the appeal is disposed of."

    Pertinent to note that the applicant has already waited for 21 months after filing the RTI Application and still no result !

    No wonder applicants will behave in the CIC like this one:

    http://www.rtiindia.org/forum/4028-central-information-commission-directs-public-information-officer-file-case-against-appellant.html

    PS: Manoj, I am sure this is indefensible, even by you !

    PPS: Where did the "comments from the Public Authority" come from ?
    Only CPIO and the AA can offer comments. There is no provision in the RTI Act for the Public Authority to offer comments.


    › Find content similar to: Another "toss it back" decision from CIC



  2. #2
    Posts
    43,873
    Name:
    C J Karira
    Blog Entries
    9
    Mentioned
    43 Post(s)
    Tagged
    14 Thread(s)
    Quoted
    168 Post(s)

    Re: Another "toss it back" decision from CIC


    May 15, 2008, seems to be "toss back day" for IC Padma Balasubramanian.

    There are several of these "toss back" decisions.

    Here are some more:

    http://cic.gov.in/CIC-Orders/PB-15052008-16.pdf

    http://cic.gov.in/CIC-Orders/PB-15052008-05.pdf

    http://cic.gov.in/CIC-Orders/PB-15052008-04.pdf
    Last edited by karira; 18-05-08 at 07:33 AM.

  3. #3
    Posts
    39
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Another "toss it back" decision from CIC


    I had also got a order from IC PB which was not meant for me. But the order was sent to me. It took 3 telephone calls and one personal visit to inform them that they should send the order to the right persons. The original order is still with me.

  4. #4

    Re: Another "toss it back" decision from CIC



    Before remitting back one must see how long the applicant has waited and with what result. I wonder who all need sensitisation of the Act.

  5. #5
    Posts
    18
    Name:
    Navdeep Gupta
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Another "toss it back" decision from CIC


    It is pertinent to mention here that since First Appellate Authority had not replied to First Appeal knowingly, remanding back the case to FAA is strictly against law of natural justice. Why FAA has been given opportunity again to deny information on vague grounds and RTI applicant harassed again. Once the case reached to Honorable CIC, I think it must be decided there and then only.

    Thanks
    Navdeep

    Quote Originally Posted by karira View Post
    There seems to be no end to the "tossing back" by CIC.

    http://cic.gov.in/CIC-Orders/PB-15052008-17.pdf

    RTI Application date: 18 Aug 2006
    CPIO's reply date: Not indicated in CIC order
    First Appeal date: 15 Jan 2007
    Response from FAA: NO RESPONSE
    Second Appeal date: 12 Sep 2007
    CIC calls for comments from PA: 22 Nov 2007
    PA's comments date: 17 Dec 2007
    Appellants rejoinder date: 16 Jan 2008
    Date of CIC order: 15 May 2008

    And the order of IC Padma Balasubramanian is:

    "I have gone though the RTI request, CPIO reply as well as comments of the Public Authority. I find that information in respect of point 1 to 5 and 7 has been denied under various Sub-Sections of Section 8(1) of the RTI Act. I have also noted that the first appeal filed by the appellant is still pending with the AA. I direct the AA to dispose of the same within 15 days of the receipt of this direction. In case, the appellant is not satisfied with the decision of the AA, he can approach the Commission again, as per the provisions of the RTI Act. On the above lines the appeal is disposed of."

    Pertinent to note that the applicant has already waited for 21 months after filing the RTI Application and still no result !

    No wonder applicants will behave in the CIC like this one:

    http://www.rtiindia.org/forum/4028-central-information-commission-directs-public-information-officer-file-case-against-appellant.html

    PS: Manoj, I am sure this is indefensible, even by you !

    PPS: Where did the "comments from the Public Authority" come from ?
    Only CPIO and the AA can offer comments. There is no provision in the RTI Act for the Public Authority to offer comments.

  6. #6
    Posts
    363
    Name:
    J Singh
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Another "toss it back" decision from CIC


    Something very important I would like to bring to the attention of members of this forum. Whenever you fail to get a hearing from the FAA, then do not file a simple second appeal. File a appeal+complaint.

    How to do that?
    In the grounds of appeal include reasons given under ss18(1) and ss19(1) both. Very clearly mention in your appeal that the FAA has acted with malafide intent in denying you a hearing. When the FAA is made a respondent, the case can not be sent back to the FAA.
    Regards
    J. Singh

  7. #7
    Posts
    43,873
    Name:
    C J Karira
    Blog Entries
    9
    Mentioned
    43 Post(s)
    Tagged
    14 Thread(s)
    Quoted
    168 Post(s)

    Re: Another "toss it back" decision from CIC


    Besides what Jiwateshwar said, please BOLDLY title the first page as:

    Second Appeal under Section........ CUM Complaint under Section.....

    Please also see:

    http://www.rtiindia.org/forum/3633-c...need-help.html

    (at least the initial posts ...because after that the thread somewhat veers off the main topic)

  8. #8
    Posts
    69
    Name:
    mani
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Another "toss it back" decision from CIC


    http://www.rtiindia.org/forum/4028-c...appellant.html

    What is the above link ? It doesnt work !
    Last edited by ambrish.p; 03-04-10 at 07:48 PM. Reason: correction in link

Page 1 of 2 12 LastLast


About RTI INDIA

    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook youtube Tumblr RTI Microblog RSS Feed Apple App Store Google Play for Android