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Thread: How to Proceed when the PIO Disobey the Commission?

  1. #1
    Col NR Kurup (Retd)
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    How to Proceed when the PIO Disobey the Commission?

    The RTI Act is silent about appellants cource of action when the PIO does not obey the orders of the Commission or when ordered to provide information, give misleading, malafide or false information. In such circumstances should the appellant wirte to the Commission giving feed back or file a complaint again under Section 18(1)(e) or make a Third Appeal ? Some of the orders of CIC contain specific direction to the appellant to approach the Commission in case he is not satisfied with the information provided. The question is how to proceed in cases where the Commission has just ordered the PIO to provide the information within certain period but silent about the appelllant's course of action when he is not satisfied with the reply furnished by PIO after orders of the Commission. What is the correct wayout as per the RTI Act ?

  2. Re: How to Proceed when the PIO Disobey the Commission?

    I think a complaint u/s 18 should be filed in such cases. Complainant can simultaneously write to the head of public authority to initiate departmental enquiry/action against PIO for disobeying orders of the Information Commission, which may amount to gross misconduct under service rules. If the Head of PA does not act, an RTI application should follow with the PA for action taken/reasons for not taking action against PIO.
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  3. #3

    Re: How to Proceed when the PIO Disobey the Commission?

    There is no specific section dealing with noncompilance by CPIOs/SPIOs , of CICs/SICs orders , therefore complaint under section 18(1)(e) seems most appropriate. Thereafter in prayer ,you should request ,under section 20(2), for SICs recommendation for disciplinary action against SPIO under her/his service rules.


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