Monday, August 15, 2011

Re: [HumJanenge] IC DS failes to issue show cause notice

Commission were made to implement the RTI Act but instead, unfortunately, many ICs are taking sides with the PIO and public authorities totally disregarding the RTI Act, duly passed by the Parliament.  Some cases against such decisions need to be filed in the High Court otherwise this will go on as Commissioner know that no body will go to the Court and and will have to accept such erroneous decision after making litter noise initially..


On Mon, 15/8/11, Manoj Pai <manojpai@yahoo.com> wrote:

From: Manoj Pai <manojpai@yahoo.com>
Subject: [HumJanenge] IC DS failes to issue show cause notice
To: "HJ GG" <humjanenge@googlegroups.com>
Date: Monday, 15 August, 2011, 8:34 PM

Analyze this. 

a) One Ajay Hariharno of Durg files an RTI Application with SBI Bhopal on 15th May 2009.

b) After 51 days, CPIO sends a response (not information) on 6th July that "desired information was being collected from respective branches/ offices and wouldbe provided on receipt".

c) First Appeal filed on 13th April 2010.

d) Info (Or part as claimed) provided on 15th May 2010 Appeal after Order of FAA.
e) CIC Hearing on 22nd June 2011
f) CIC Decision on 11th August 2011.

You do not need to be a rocket scientist to deduce that the information, even if part, was provided after one year (365 days) after the original application was filed. Maybe the First Appeal is late by 9 months, but can one explain why it took nearly two months for the CIC decision to come out after the hearing was held? What is the logic in the original RTI Application dated 15th May 2009 being "remanded back to the CPIO" without any penal provisions not been imposed on him / her. A closer look at the contents, it appears that the information requested fall squarely Under Section 4, which as per larger bench CIC decisions (Er Sarbajit Roy V/s DDA et al) should have been provided immediately.

Decision under reference at link below

http://www.rti.india.gov.in/cic_decisions/CIC_AT_A_2010_000829_DS_M_64723.pdf

Manoj

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