[HumJanenge] REMINDING BACK THE COMPLAINT TO PUBLIC AUTHORITY

REMINDING BACK THE COMPLAINT TO PUBLIC AUTHORITY

          I sent a complaint to CIC dated 17.7.2010 against the Delhi Development Authority for giving incorrect, incomplete and misleading information.  The FAA has not replied to the First Appeal.

          I have received a letter from Mrs. Deepak Sandhu, Hon'ble Central Information Commissioner dated 29^th Sept. 2011 which was booked by speed post on 25.10.11 i.e. after 28 days.  However, in a good move, copies of that letter have also been sent to FAA, CPIO and Sr. Research Officer, DDA too remanding back the appeal stating that this is to avoid multiple proceedings u.s. 19 and 18 of the RTI Act.   Though, IC has given a time of two- week to dispose of the First Appeal or if the First appeal has already been disposed of, to furnish a copy of the order within one week of the receipt of the her order.  It is learnt that this practice has been adopted due to high pendency which is reportedly now 20,000 and will increase further the real solution lies in the filling up of vacant posts of ICs.  Such temporary measures are an impediment in getting the Information as per RTI Act though getting the information is Fundamental Right.

Though I made a complaint u.s. 18 of RTI Act as it was clearly a complaint case, the CIC has converted the same into an appeal No. CIC/DS/A/2011/000555.  I am not contesting the power of CIC to do this but my case petition deserved to be treated as complaint.  IC has asked me to approach the Commission again in second appeal or complaint if I will still feel aggrieved by the decision of the FAA.  The complaint has already been filed last year with a bunch of supporting documents. 

In fact, as per RTI Act, CIC should have heard the complaint straight away without granting the second opportunity to the Public Authority/CPIO. The Public Authorities are taking undue advantage of such practice as they tend to furnish information only after the case is remanded back to them by the Commission.  According to my estimate, hardly 20% RTI applicants are able to approach the CIC in case of non receipt of information meaning thereby that 80% such applicants do not get the information.

Moreover, CIC's delayed action by over 14-month in issuing the notice becomes irrelevant as by that time, the relevance and usefulness of the information is rendered becomes redundant.

The Govt. often pleads for the review the RTI Act, and if such review is undertaken, , such deviation and distortion should be set right in that review instead of clipping the wings of RTI Act or acting to the contrary.

Copy to:

Shri Vijay Bhalla, Dy. Registrars attacched to Shri Satyanand Mishra, Chief IC, and Shri T.K. Mohapatra, Dy. Registrr with Mrs. Deepak Sandhu for information.