Saturday, March 13, 2010

[rti_india] How Can One Escape From Atrocities of SIC, Kerala


The new-gained placebo of  its pseudo popularity  gained by confrontating with  the  Kerala Legislature ,   SIC, Kerala is marching fast to  a goal of perfect nincompoopery. Some of the recent orders of SIC, Kerala highlighted below speak volumes.
1. Afrer suppressing the  complaints/second appeals pertaining to request for  information likely to  exposs corruption or maladministration of his old comrades at arms for  more than 3 years or till the culprits have retired they are abruptly  dismissed collectively AUDI ALTERAM PARTEM (giving the appellant absolutely no chance of being heard).in utter violation of his own Rules -  Rule No.7 of Kerala SIC (Procedure for Appeal)Rules 2006. In certain cases the order is silent of senting any notice even to the respondent or AA.for this 3 year period(Cases NosCP No.146 & 147/2007/SIC on file No.4767/SIC-Gen2/2006 & 502/SIC-Gen2/2007)dismissed on 12-1-2010 refers.
2. The SIC, Kerala had the audacity to order in his judgement dismissing 5 complaints collectively  AUDI ALTERM  PARTEM  on 3-2-2010  claiming that " Section 18(3) of the RTI Act would say that with regard to administration and practical procedural aspects, the SIC is vesed with the powers of Civil Court and the CPC 1908 is applicable in all cases. He specificaly claims that the SIC can exercise powers under  Section 11 CPC (Res judicata)  quotting that "No Court shall try any suit or issue in which the matter directly and substantially in issue in a former suit etc....."  It is a pity that the SIC could not grasp 18(3) of the Act which state that the SICshall while inquiring into any matter under this section (Section 18), have the same powers as are vested in a civil court while trying a suit under the CPC 1908 in respect of following matters, viz.,
(a) summoning...
(b)requiring the discovedry and inspection.......
(c)receiving evidence on affidavit
(d) requisitioning any public record or copies .......
(e)issuing summons for examination..........
(c) any other matter which may be prescribed ( viz., by an authority compeent to prescribed)
3.. According to him he need consider only question of public importance. He refuce to understand at least  the preamble of that RTI Act which lays down   " Now, THEREFORE, it is expedient to  provide for furnishing certain information to CITYZENS who desire to have it." (It does not use the word "public" but "cityzen"

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