Re: [RTI INDIA] Re: Steno of ex IC MAA seems to have joined new CIC ANT ! (and strange are the new CICs ways)

Dear Karira

Yes it is open to an applicant to EITHER approach CIC u/s 18(1)(c) or
the FAA u/s 19 when a PIO does not reply in the prescribed period.

Once an applicant chooses to file a First Appeal for deemed refusal,
the Complaint route is closed to him. Hence please understand what
CIC(ANT) is saying - you cannot litigate before 2 bodies on the SAME
CAUSE OF ACTION.

In IC(SM)'s appeal on your other thread. - SM has taken the most
logical approach to provide information to the applicant, WITHOUT
CLOSING applicant's right to file appeals, and also without letting go
of the penalty question.

What would you suggest that IC(SM) could do better in such cases of
deemed refusal.

Sarbajit

On Sun, Nov 14, 2010 at 9:08 AM, C J Karira <cjkarira@gmail.com> wrote:
> Dear Sarbajit,
> It is open to the appellant/complainant whether to approach the Commission
> under Sec 18 (with a Complaint) or Sec 19 (with a Second Appeal).
> In the former case, any one of the conditions listed in Sec 18(1)(a) to (f)
> should have been satisfied and in the later, the process of first appeal
> under Sec 19(1) should have been followed.
> In this case, both the conditions are satisfied.
> Then why send it back ?
> PS: Regarding your other comments - well noted !
> Karira