Regarding rti act, pio not replying

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.

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

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

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.

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.

Thanks for ur reply,

Thanks for ur reply,

Thanks for ur reply,

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.

 

Which Society? Is it a Public Authority as defined under the RTI Act?

If police rejects our complaint against PIO , telling that it is relating to RTI act , give ur complaint to commission.thn wht to do

Before taking any decision, download Chapter VI..Sec.23  BAR OF JURISDICTION OF COURTS.

I have faced a similar situation in the past and whatever I suggest, I always suggest on my personal experience and similar precedents available in google.

First, understand RTI is the High way and not destination for a remedy.

The query reported the fact: "RTI reply even after penalties imposed on them"

Premising this as IC can only order PIO under RTI Act, I considered society as a public authority and responded on Noncompliance of the decision.  IC'a decision is at par with District Judge under CPC.

The ultimate remedy is issuing a notice to society first noncompliance under copy to IC, wait for 10 days, enclose such copy once against file complaint on noncompliance to IC once again. Enclose this all correspondence to Sub-Registrar and PIO cannot offer a further explanation after failing to convince IC and failing to respond notice and file write.

Society is public authority