Regarding rti act, pio not replying


There are various societies, in which pio doesnt give RTI reply even after penalties imposed on them.
They say that there salaries are more and they are ready to bear the penalties or any disciplinary action.

If they will give the reply and the infomration seeker will get the required information, then using that information he can reveal their secrets ( or secrets of any employees) or revel and illegality or frauds and put their job in danger.

If one PIO is removed, the other follows the same procedure and main aim of pios is not to give the information.

Then what to do in such situation. HOw to get the information

 
Reply   
 

It's seen often that Public Information Officers don't give information.

But I haven't come across a single Public Information Officer that says that their salary is more enough to pay penalties.

Anyway what's the remedy?

Again file an Application for the same information.    Let's see how many times will they pay penalties.

 
Reply   
 



Filing application for same rti is not allowed. I think that after penalty imposed for first rti by commission. If pio do not furnish information we should approach high court. But that is costly procedure. People are not even following high court orders. We have to go for contempt of court if they do no follow high court orders.it is very difficult and costly procedure
 
Reply   
 

Filing application for same rti is not allowed. I think that after penalty imposed for first rti by commission. If pio do not furnish information we should approach high court. But that is costly procedure. People are not even following high court orders. We have to go for contempt of court if they do no follow high court orders.it is very difficult and costly procedure
 
Reply   
 

Let's say an assistant professor is made pio. Two works has been alloted to him. One is to teach and other is work of pio. If commission put penalty on him of say 25000. He makes 80000per month. Penalty is very less. Even if by some complaints, some authorities remove him as a pio. He will be doing his work of teaching and still receive 80000 per month. Only 25000will be deducted. Then the authorities will make another of such person as pio. And the process will be repeated and information will not be provided.
 
Reply   
 

If penalty creates res judicata, how can the penalty allow the Appellant to approach High Court?

When once case is decided, res judicata come into play.    Here penalty is imposed but case is not decided.

Why, then, can't an Application be filed afresh?    Even The Civil Procedure Code allows fresh Plaint on the same cause of action against the same defendant.

 
Reply   
 

Thanks for ur reply,
 
Reply   
 

Thanks for ur reply,
 
Reply   
 

Thanks for ur reply,
 
Reply   
 
Retired employee.

With due respects to the expert queries -as I understand from the RTI Act, there are only three steps in the RTI Act.

1.Application.to designated Public Information Officer,

2.The first appeal against PIO's action. to a superior authority with same public authority over PIO.with such designation as First Appellate Authority.

3.Second Appeal against PIO, with or without FAA order.

4.Finally writ before High Court.

There are two things involved in the query.

1)Whether society is a Public authority.

2. Who can contemplate action against PIO for not honoring IC decision which is another wise technically noncompliance of decision by higher authorities which amounts to a failure in duty and statutory obligation?

Again society is not always a public authority as per Supreme Court decision and the yardstick in such cases used by SC is that "An authority which ceases to exist without financial assistance by Govt" is a public authority.

2. Noncompliance of IC decision has to be dealt` only as per RTI Act like imposing the penalty of not more than 25,000/- Compensation for actual loss, recommendation for disciplinary action, all this against wilful, malafide and deliberate denial and any disobedience, after all, IC decision is to be treated as malafide dential.  Under RTI only IC can take action as per his vested powers under RTI.

Coming to res judicata, since the main issue of providing information is not completed the process never comes under resjudicata.

RTI is just a road and never destination.

A society member has every right to inspect the records and make a complaint to Sub Registar and even report to police in all cases of misappropriation.

Such a Big response is not required, but I feel that unless I express my reasoning,my reply may be misinterpreted.

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu