Sunday, March 4, 2012

[HumJanenge] Re: No delay at CIC. 45 days to hearing/disposal.

A 2nd Appeal to the CIC lies against the decision of the CPIO and NOT
the decision of the FAA.

The analogy would be that if the High Court does not give a decision
then no appeal lies to SC, at best the SC would direct the HC to pass
a decision within a fixed time.

Sarbajit

On Mar 4, 5:05 pm, Sandeep gupta <drsandgu...@gmail.com> wrote:
> sir, please let me understand section 19. I could not get anything in
> this section which empowers the IC to do what she is doing.
>
> On 3/4/12, Sarbajit Roy <sroy...@gmail.com> wrote:
>
>
>
> > Dear Karira
>
> > My "appreciation' of IC(SS) [NB people had similarly accused me of the
> > same thing with ANT], has nothing to do with the individual but for
> > their KNOWLEDGE and APPLICATION of RTI Act.
>
> > It seems you have not read / understand section 19 properly.
> > IC(SS) has no other option but to do what she (and other ICs also) is doing.
>
> > Sarbajit
>
> > On 3/4/12, C K Jam <rtiwan...@yahoo.com> wrote:
> >> Mr Sarbajit,
>
> >> Wow, cannot believe your appreciation of IC(SS) !
>
> >> I do not know about the "seasoned bureaucrat" part, but she definitely
> >> passes strange orders as an IC.
>
> >> Here is a sample:
>
> >>http://www.rti.india.gov.in/cic_decisions/CIC_SS_A_2012_000018_M_7749...
>
> >> The Commission has received second appealdated  24.8.2011 from Shri
> >> S.R.   Yadav,   Bikaner,   u/s 19 of the RTI Act, 2005..............
> >> .
> >> .
> >> .
>
> >> 3. The appellant filed first appeal dated 7.4.2011 before appellate
> >> authority
> >> & Chairman, Bar Council of Rajasthan, Jodhpur, which was also not decided
> >> by the appellate authority.
>
> >> 4. In order to avoid multiple proceedings under the RTI Act, the matter is
> >> remitted to Appellate Authority  &  Chairman,   Bar   Council   of
> >> Rajasthan,
> >> Jodhpur, with a copy of second appeal, with the following directions:
>
> >> i) In case the first appeal dated 7.4.2011 has not been disposed of by AA,
> >> he should dispose of the first appeal by passing a speaking order, after
> >> hearing the parties in the matter,  within two weeks of receipt of this
> >> order.
> >>    ii) In case AA has already disposed of the first­appeal, he should
> >> furnish a
> >> copy of his order to the appellant  within one week of receipt of
> >> this................
>
> >> ========
>
> >> (NOTE: There are many more similar ones)
>
> >> Isn't the CIC the second appellate authority ?
>
> >> RTIwanted
>
> >> ________________________________
> >>  From: sarbajit roy <sroy...@gmail.com>
> >> To: "HumJanenge Forum People's Right to Information, RTI Act 2005"
> >> <HumJanenge@googlegroups.com>
> >> Sent: Saturday, March 3, 2012 7:33 PM
> >> Subject: [HumJanenge] Re: No delay at CIC. 45 days to hearing/disposal.
>
> >> .
> >> .
> >> .
>
> >> IC(SS) is a seasoned bureaucrat, she doesn't make such foolish
> >> mistakes. If I blindly had to chose between  supporting an order of
> >> hers versus the say of some disgruntled RTI activist, I would chose
> >> her order any day.
>
> >> Sarbajit
>
> --
> Dr. Sandeep Kumar Gupta
> 1778, Sector 14, Hisar-125001, INDIA
> Phone: 91-99929-31181

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