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Thread: Suggestion for improvement of RTI Act and it's functionality

  1. #49

    Re: Suggestion for improvement of RTI Act and it's functionality


    Hello Aamaadmi,

    The provision of compensating the appeallants/complainants is there albeit in a rudimentary form. This is true about the CIC. But I am not sure about the SICs. It needs to be strengthened further.

    The CIC has on various occassions ordered the appeallants/complainants to be reimbursed/compensated for cost incurred.

    Please see the recent decision in P.M. Ravindran vs. High Court of Delhi.

    ISSUE NO. 3
    We find that this Commission has been in violation of provision of the RTI
    Act 2005 in notifying parties of the date of hearing which necessitated
    adjournment. The appellant Maj. Ravindran is, therefore, entitled to
    compensation. The demand for Rs. 500/- can indeed be deemed
    reasonable. This amount will be paid by the Commission.

    http://cic.gov.in/CIC-Orders/Decision_16072007_01.pdf

    Sidharth



  2. Re: Suggestion for improvement of RTI Act and it's functionality


    Mr. Sidharth,
    Thanks a lot for valuable information/reference.
    aam aadmi

  3. Re: Suggestion for improvement of RTI Act and it's functionality


    Date of hearing or any postponment etc should be available in respective website of CIC/SIC. In that case any appellant/ complainant as well as PIO/AA will get proper information regarding hearing date or any related matter. That way the harassment , as mentioned by aamaami , could easily be avoided.

  4. #52
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    Re: Suggestion for improvement of RTI Act and it's functionality



    Here is one more instance of the CIC asking the PA to compensate the appellant:

    http://cic.gov.in/CIC-Orders/Decision_19022008_02.pdf

    In view of the above, it is directed that within 1 week from the date of the receipt of this order, the head of the public authority, viz. the Chairman & Managing Director, shall pay to the complainant an amount of Rs.15,000/- (Rupees Fifteen Thousand) only as compensation for the detriment suffered by the complainant. The head of the public authority shall be free, should he so decide, to recover this amount from the officers and staff responsible for misplacing the complainant’s RTI-petition. He shall report compliance to the Commission within 1 week of having effected the payment to the complainant.

  5. Re: Suggestion for improvement of RTI Act and it's functionality


    Mr. Abhijeet has, no doubt, given a good suggestion, but very often the Internet is non-functional and as in my case, the Speed Post did not reach me, I feel, it should be obligatory on the part of the party requesting postponement to send a copy of the request to the other party as well along with that of the CIC/SIC.
    aamaadmi

  6. #54

    Re: Suggestion for improvement of RTI Act and it's functionality


    Quote Originally Posted by Debashis Basu View Post
    I am in full agreement with Dr Kushal Pathak that the scope of section 20(1) of RTA ACT must be enlarged to include Appellate Authority (who hears the first appeal) under a parallel Rs 250/- per day penalty which will be a concurrent penalty with the department PIO / SPIO.

    This will decrease the official brotherhood and hence agreement with PIO / SPIO of the department and reject/ refuse information sought under RTI ACT on one pretext or the other.

    Proper action by Appellate Authority (who hears first appeal) will definitely reduce the load on SIC / CIC.
    WHAT ABOUT revision of the amount of penalty in view of the Pay Commission report? Time frame for disposal of the final appeal by CIC is also required in RTI act. After all the CIC gets a fat salary and perks which is from our money, hence he should also be made accountable. Moreover, if CIC is incapable of coping with pending appeals , the Government may introduce the provision to appoint honorary Information Commissioners from the eminent cizens of the society (and not retired officials). There are many worthy people who can work efficiently and judiciously.
    adil

  7. Re: Suggestion for improvement of RTI Act and it's functionality


    I don't think that it is necessary to amend RTI Act for the purpose mentioned in this Thread:
    please refer RTI annual report 2005-06 0f CIC.In chapter 3 it is stated that CIC has power to "impose any of the penalties provided under this Act". PL. SEE SECTION 19 (8) which provides such power read with

    clause (e) thereof.
    IF this is true then it is the issue of implementation and not the amendment.

  8. #56

    Re: Suggestion for improvement of RTI Act and it's functionality


    Only one suggestion is more than enough. Remove the existing non-deserving , dishonest, passive, anti-citizen I.Cs. & then gentlemen , deserving, honest , diligent, citizen-friendly , strict rule abiding I. Cs. having highest integrity to be recruited . All problems will be solved automatically within 1 month. But then the erring PIOs alongwith govt will cry .

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