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Complaint for non-compliance against school

(Querist) 21 August 2011 This query is : Resolved 
Dear Experts,

I have filed RTI applicaiton to Dist. Education Officer[DEO], to seek some information of a school.

The DEO transferred my RTI application that, the named school is under purview of RTI Act.

Notwithstanding, the School rejected that it doesnt come under purview of RTI Act.

I filed complaint in the Commission, which is pending.

For additional remedy, I apporached an NGO, they said they will file a complaint for non-complaince of RTI to
District Collector,DEO,Director of School Education

Query:
1) Can any one can file complaint againt school, as they are not the RTI applicant.

2) If so, will they have to face any consequences for giving complaint for
non-complaince of RTI against school, as they are not the RTI applicant.

Please enlighten me
Arvind Singh Chauhan (Expert) 21 August 2011
1. Yes.
2. Not at all.
Devajyoti Barman (Expert) 21 August 2011
It depends upon whom the complaint is made. If it is enforce the high court in the form of Writ then the complainant will have to establish its locus standi unless the same is PIL.
Advocate. Arunagiri (Expert) 22 August 2011
You have to follow the RTI procedure.

You have applied to the DEO (PIO).

If the DEO had not acted propertly, you can file a 1st Appeal under RTI act, to the same department.

If the 1st appellate authority is also not acting properly, you can file the 2nd appeal to the State Information Commission.
R.Ramachandran (Expert) 22 August 2011
The applicant has to file the complaint. At best the NGO can help the applicant in getting the appeal drafted.
A third party, who is not an applicant, cannot prefer any appeal.
But if any third party (in this case the NGO) prefers any such appeal, at best it would be ignored and no action would be taken against the NGO for making the appeal.
prabhakar singh (Expert) 22 August 2011
to me all seems right with a bit different approaches they have.Expert : arvind has precisely told you what you wanted to know,other explored it a bit more.


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