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Thread: can contempt proceedings be taken out?

  1. can contempt proceedings be taken out?


    A couple of questions:

    (1) Wondering what an applicant's recourse is if directions of the CIC (under an appeal application) are not adhered to by the government agency, or if adherence is incomplete/insufficient? Does one go back to CIC, and/or can one file a contempt application?

    (2) A friend of mine is a partner in a firm. His other partner died. When going through certain banking records managed by his deceased partner, he discovered certain suspicious anomalies in banking transactions, which may have resulted in a loss to my colleague. My colleague suspected that these suspicious transactions could only have been done by his deceased partner with the co-operation of officials in the bank. Therefore, he filed an RTI with the bank asking very specific questions regarding the transactions. The bank has written back to him asking him to fix a date for inspection of documents. However, my friend insists on first getting written replies to his queries, and secondly a list of the nature of information they will be providing, since he fears that if he turns up for inspection as asked by the bank, he may not be sufficiently prepared to evaluate the documents being shown to him.. My friend has written back asking for written replies first and then a schedule for inspection, but the bank is insisting that he first inspects the documents.

    What is the position in such a scenario, and what's the best way for my friend to protect his position given his suspicions regarding the bank?

    thanks in advance.

  2. #2
    C J Karira
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    Re: can contempt proceedings be taken out?


    There are several decisions of the CIC wherein the CIC has asked a respondent/s to supply the neccessary information or allow inspection to the applicant. Most of them end with something like..."...if the appelant is not satisfied, he is free to approach this commission once again....". Does your 2nd appeal ruling/order carry those words. You can definitely go back to the CIC. I have also seen decisions on the CIC website (CIC) wherein CIC has given "follow-up" decisions on earlier decisions because of non compliance by a public authority. Cannot recollect which decisions now, but I remember several.
    Re the second point in your post...
    Can he inspect the documents and while inspecting ask for certified copies of the documents useful to his application under RTI. If the RTI application asked for inspection AND for information, the PIO of the bank cannot insist only on inspection first....he has to accede to both the requests.

  3. Re: can contempt proceedings be taken out?

    Thank you very much

  4. Re: can contempt proceedings be taken out?

    I have seen that every reply given by Bldg proposal BMC that you are requested to inspect file after prior permission from office.
    Many people dont know how to examine plans available in the file. The administrative working done in marathi but some dont know to read marathi what a person will do with such file.
    Why a reply is not give to specific question like
    1) name of officer given approval etc..

    Registrar of company also call applicant to inspect file inspite of giving reply to specific question.


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