Dear Mr Singhal
It is commendable that you are at least reading and trying to understand
the RTI Act.
1) 12(4) is not an ENABLING provision to grant "autonomy" to CIC. It is
a LIMITING provision which restricts the powers conferred on CIC conferred
elsewhere in the Act (sect 18 .. 20).
2) 25(3) does not confer any power on the CIC to impose / require
disciplinary action
on other officers. It is a monitoring and reporting provision for action which
the P/A chooses to take against such officers.
3) Section 21, 22 and 23 are completely meaningless and have nil
practical value.
They are toothless comfort clauses.
4) You are correct that 19(8 is a powerful clause. The Delhi High Court has
shown teh way to CIC but they are not listening. Unfortunately it has to
be used "judiciously" and with restraint otherwise it will be limited by Court
decisions on challenge.
Sarbajit
On 6/8/10, M K Singhal <mk.singhal@yahoo.co.in> wrote:
> Before we proceed further in giving our views on the issues raised in Delhi
> HC Judgement dated 21.05.10: DDA vs CIC, it would be better if we
> recapitulate the Constitution, Functions and Power of Central Information
> Commission. I give below my views in this matter as I could understand from
> the act and the rules made thereunder. Members are requested to give their
> views in the matter wherever they can add or differ.
> Sec 2(b) defines Central Information Commission (CIC) as the CIC constituted
> under sec 12(1) of the act. Sec 12(1) says that the Central Govt by
> notification constitute a body known as CIC to exercise the powers conferred
> on and perform functions assigned to it. As per sec 12(2), it shall consist
> of a Chief Information Commissioner and Central Information Commissioners
> (ICs) not exceeding ten. As per sec 12(4), the general superintendence,
> direction and management of the affairs of CIC shall vest with Chief
> Information Commissioner (ChIC) who shall be assisted by ICs and may
> exercise all powers and do all acts and things which may be done by CIC
> autonomously without being subjected to directions by any other authority
> under this act. Section 12(7) of the act states that the headquarters of the
> CIC shall be at Delhi and the CIC may, with the previous approval of the
> Central Government, establish offices at other places in India.
> Chap V ( sec 18 complaints, sec 19 appeals & sec 20 penalties) of the act
> gives functions and powers of CIC..
> Section18(3)providesthattheInformationCommissionshall,whileinquiringintoanymatterunderthis
> section,havethesamepowersasarevestedinacivilcourtwhiletryingasuitundertheCodeofCivilProcedure,1908in
> respect of (a) summoning and enforcing the attendance of the persons
> and compelthemtogiveoralorwrittenevidenceonoathortoproducethe documents or
> things etc. Section 18(4) empowers the Information
> CommissiontoexamineanyrecordtowhichtheRTIActapplies,whichis under the
> control of the public authority, during the inquiry of any
> complaintunderthesaidAct.
> Sec 19(3) says that the 2nd appeal against the decision of FAA shall lie
> with CIC. Sec 19(7) says that the decision of CIC shall be binding. Sec
> 19(8) says that CIC has the power to require the public authority to take
> any steps necessary (a) to secure compliance with the provisions of the act
> and (b)provide with an annual report in compliance with sec 4(1) (b) (Sec
> 19(8)(a)(vi)), sec 19(b) require the public authority to compensate the
> complainant for any loss or other detriment suffered and sec 19 (c) empowers
> CIC to impose any penalties provided under the act .
> Sec 20(1) empowers CIC to impose a penalty of Rs 250/- per day subject to a
> max of Rs 25,000/- on CPIO in case CPIO has (a) without reasonable cause,
> refused to receive an application for information or not furnished
> information within the time frame specified u/s 7(1), (ii) malafidely denied
> the request for information or knowingly given incorrect, incomplete or
> misleading information or destroyed information which was the subject matter
> of the request or (iii) obstructed in any manner in furnishing the
> information. Provided that CPIO shall be given reasonable opportunity of
> being heard and the burden of proving that he acted reasonably and
> diligently shall be on CPIO. Sec 20(2) empowers CIC to also recommend
> disciplinary action against CPIO under service conditions applicable to him
> for his defaults as above.
> Sec 25 concerns monitoring and reporting. Sec 25(1) requires CIC to prepare
> a report on the implementation of the provisions of this act during that
> year and submit copy to govt, sec 25(2) requires each ministry or deptt of
> the govt to provide such information in respect of PAs within their
> jurisdiction, after collecting from them, to CIC as is required to prepare
> the report in this section and comply with the requirements concerning the
> furnishing of that information and keeping of records for the purposes of
> this section, sec 25(3) specifies the points to be included in the CIC
> report viz (d) particulars of any disciplinary action taken against any
> officer in respect of the administration of this Act; (f) any facts which
> indicate an effort by the public authorities to administer and implement
> the spirit and intention of this Act; (g) recommendations for reform,
> including recommendations in respect of the particular public authorities,
> for the
> development, improvement, modernisation, reform or amendment to this Act or
> other legislation or common law or any other matter relevant for
> operationalising the right to access information. Sec 25(5) says that if it
> appears to CIC that the practice of a public authority in relation to the
> exercise of its functions under this act does not conform with the
> provisions or the spirit of this act, it may give the authority a
> recommendation specifying the steps which ought in its opinion to be taken
> for promoting such conformity.
> Sec 21 says that no suit, prosecution or other legal proceedings shall lie
> against any person for anything which is in good faith done or intended to
> be done under this act or rules made thereunder.
> Sec 23 lays down that no court shall entertain any suit, application or
> other proceedings in respect of any order made under this act and no such
> order shall be called in question otherwise than by way of an appeal under
> this act.
>
> Central govt has so far framed only The RighttoInformation(RegulationofFee
> andCost) Rules, 2005;and The CentralInformationCommission(AppealProcedure)
> Rules,2005 so far u/s 27 of the act.
>
> From the above, it is clear that (1) u/s sec 19(8) CIC has the power to
> require the public authority to take any steps necessary (a) to secure
> compliance with the provisions of the act and (a)(vi) to provide with an
> annual report in compliance with sec 4(1) (b). (2) sec 25(1) requires CIC to
> prepare a report on the implementation of the provisions of this act during
> that year and submit copy to govt and sec 25(2) requires each ministry or
> deptt of the govt to provide such information in respect of PAs within their
> jurisdiction, after collecting from them, to CIC as is required to prepare
> the report in this section and comply with the requirements concerning the
> furnishing of that information and keeping of records for the purposes of
> this section, (3) sec 25(3) specifies the points to be included in the
> report, including (d) particulars of any disciplinary action taken against
> any officer in respect of the administration of this Act;,(f) any facts
> which indicate an effort by the public authorities to administer and
> implement the spirit and intention of this Act and (g) recommendations for
> reform, including recommendations in respect of the particular public
> authorities, for the development, improvement, modernisation, reform or
> amendment to this Act or other legislation or common law or any other
> matter relevant for operationalising the right to access information.
>
> It would be interesting if some member could ask for info about action
> taken on these points by CIC for the last year.
> Also, can any member enlighten as to the sec of the act under which CIC can
> take action against any officer, except CPIO, of a PA (as stipulated in sec
> 25(3)(d) referred to above.
> M K Singhal, Engineer-in-Chief (Retd), Consultant and Arbitrator
>
>
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