Directions
Thyagarajan
(Querist) 15 July 2013
This query is : Resolved
Consumer Forums has accepted a petition of mine against PIO of Corporation of Chennai for giving mis-leading and in correct information as against the prevailing rules.
I have seen many a cases were in forums are giving compensation to the applicant for mental agony if the case is proved not giving any directions.
Giving mis-leading information is deficient as per CP Act and I have filed proof what should be the correct information before forum and asked Forum to give direction to PIO to advise officers concerned in his department to follow the correct rules while taking their decisions.The case is pending.
I have seen an order order of Delhi High Court in a Writ petition that directions can be given to PIOs by Information commissions and those directions are very innocuous.
While Information commission can give directions can Forums also do the same?
Guest
(Expert) 16 July 2013
RTI applicant has legal remedy contemplated under the RTI Act itself and further there is no mental agony question as far as the RTI is concerned. When a procedure of legal remedy is envisaged under the RTI Act under which the Appellate authority is empowered to issue necessary directions to the PIOs concerned, RTI applicant cannot by-pass the procedure and resort to Consumer Forum under the guise of mental agony, compensation, etc., for the improper discharge of duties by the PIOs. The Consumer Court cannot usurp the powers of the appellate authorities under the RTI Act by giving directions, etc., to the PIOs., which are ex facie illegal.
