Blog Archives

Penalty to Public Information Officer for not appearing for the hearing

appearing for the hearingCentral Information Commission issued a show cause notice to Public Information Officer of Consumer Affairs Department, GNCTD for not appearing for the hearing and authorizing a junior official who is not aware of the case to appear and thereby obstructing the supply of information. (If you want to file RTI Online, use our Guide here!)

Shri Randhir Kumar Bhaskar, FSO (Gen) Consumer Affairs Dept GNCTD authorised Shri Shakti Singh to appear before the Commission and to submit the documents. When the Commission queried as to where the information sought would be available, it was the submission of Shri Shakti Singh that he was instructed only to supply the documents to the Commission and is not aware of anything. Read more ›

Heavens do not fall if there is no immediate imposition of penalty- CIC

heaven do not fallAfter his son not getting good marks in the MBBS exam, father filed RTI to obtain copy of question paper and answer keys and disclosure of marks from the University. RTI Applicant stated that supply of the documents after completion of the admission process would be embarrassing, humiliating and prejudice to the life and liberty of his son, therefore if he is given a speedy access to the said documents, then his ranking is likely to move­ up. However, Central Information Commission did not agree to this and recorded that “Complainant has failed to prove how the non­ disclosure of information affects the life and liberty of his son. (If you want to file RTI Online, do read our guide on how to file RTI online here) His son getting poor marks and his son’s belief in having done well in Botany and Zoology is not good enough to invoke the ‘life and liberty’ clause. It is not proper and correct to treat every application for disclosure of marks sheet or key etc, as life and liberty related application. Hence that plea was rejected by CIC. Read more ›

You shall lose if you don’t press your appeal

press your caseAccording to Central Information Commission if you or your respondent authority don’t press for your case either ways before them, the commission shall not be able to find any fruitful purpose in proceeding in the case and the case shall be liable to be dismissed. (If You have questions relating to RTI, kindly post at our forum here!)

The Commission have given due notice, but neither complainant nor the respondents appeared before the Commission to press their cases. In view of this, the Commission felt that

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Treat the RTI application as a complaint- rules CIC

Treat the RTI application as complaint
CIC has directed to treat the RTI application as a complaint which sought to know the action being taken against those who register agreement to sell/Release deed after 5.00 pm in Sub-­registrar office. When the applicant went to First Appellate Authority (FAA),  has held that the information sought seems to be in the nature of grievance and advised the Appellant to file a complaint so that the case would be investigated and brought to its logical end.

The Commission however, recommended to the public authority Revenue Department, GNCTD to treat the RTI application itself as a complaint and after completion of the enquiry, the action taken report to be shared with the Appellant. (We are building RTI Wiki, if you are interested in contributing, please tweet #RTIWiki, we shall get back to you) Read more ›

Information Commission has no power to send the complaint back

no power to send the complaint backIn most of the cases filed by a citizen for not receiving any reply from Public Information Officer (PIO) of various Departments, the Commission were merely directing the CPIO to provide the information which the complainant had sought instead of deciding the complaints on merits. There can be no dispute that while considering a complaint made under Section 18 of the Act, the Commission cannot direct the concerned CPIO to provide the information which the complainant had sought from him. The Commission has no power, while dealing with a complaint, to direct providing of the information subject- matter of the complaint.  Thus Information Commission has no power to send the complaint back. The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20.

Now in a landmark decision on 28.10.2013 J.K.MITTAL Vs CENTRAL INFORMATION COMMISSION AND ANR, Delhi High Court has quashed the practice of summary disposal of complaints by remanding the matter to First Appellate Authority/ CPIO, without even hearing the complainant or deciding the complaint on merits.

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