Help-rti act,2005
Deepak
(Querist) 13 September 2017
This query is : Resolved
Date 13/09/2017
Respected all expert
Good morning.
Second Appeal is pending with State Information Commissioner for non-compliance First Appellate Authority and provided incomplete information.
Now Applicant expired, while filing appeal applicant requested in appeal that matter may be decided on the basis of submission made with appeal.
1)What will be the possible outcome in this situation?
2)Information asked about the action initiated against letter filed by the applicant (now applicant death) can applicants son/daughter ask about the action taken against said letter filed by the applicant by filing application under RTI act,2005. Can CPIO provided or refuse the information on the grounds of third party information ?
waiting for help and guidance.
Thanks and warm regards.
Deepak.
Guest
(Expert) 13 September 2017
Sec. 19 of the RTI Act, gives right to prefer an appeal to "Any Person" so in case of death of applicant, any person like his legal heir or relatives can prefer an appeal. Government has proposed that proceedings related to an RTI query will automatically stop if the applicant dies while the appeal is pending before the Central Information Commission. In the Draft RTI Rules 2017, on which comments have been invited from the public, Clause 2 of Rule 12 titled Withdrawal/Abatement of Appeal says: “The proceedings pending before the Commission shall abate on the death of the appellant.” RTI activists termed the clause “dangerous for appellants”, with several past instances of RTI applicants being murdered over queries seeking to expose corruption. So RTI activist are criticizing and apposing this amendment
Rajendra K Goyal
(Expert) 13 September 2017
Well explained by the expert.
However, can wait for the outcome.
Isaac Gabriel
(Expert) 14 September 2017
Unles death is reported to the First Appellate Authority, appeal will be processed and reply sent.
Deepak
(Querist) 15 September 2017
Respected all experts
good morning
Thanks for help and guidance.
Can I as legal hairs can I ask copy of order passed by the 1st Appellate Authority and despatch details in regard to Information Officer and whether complied by CPIO or not if yes then communication details and if not then reason thereof ? and after getting report can I file complaint to respective Information Commissioner ?
thanks to all experts once again
regards
deepak
