Governor’s power over state information commission.
PARTHA SARKAR
(Querist) 05 November 2011
This query is : Resolved
Kindly advise me on the following situation:
1. PIO informed at the hearing that records is not traceable hence providing actual information sought for not possible.
2. State Information Commission hard both side at the hearing and directed the PIO to search record vigorously and supply the information sought for to the petitioner within 30 days from the date of receipt of the order.
3. After expiry of the 30 days a petition has been submitted at the Commission followed by a fresh RTI petition at the Commission.
4. Comes to know from the reliable source that the said PIO sent an e-mail directly to the Commission mentioned record not traceable without supplying any information to the petitioner.
5. Even after repeated follow up State Commission still keeping themselves silent and not providing any information or taking any action against the said defaulter PIO (took more than six month time to respond) nor impose any penalty.
A. Under these circumstances is it advisable to write to the Governor stating the entire facts – complaint against State Information Commissioner for violation of the Act?
Regards
Partha Sarkar
Guest
(Expert) 05 November 2011
The governor has no authority in this matter. is to be approached in appellate forum
Raj Kumar Makkad
(Expert) 05 November 2011
If record is not available then this is not denial of information, however, action can be sought against the authority entrusted to keep safety of desired record.
prabhakar singh
(Expert) 05 November 2011
Only a complaint against person entrusted with upkeep of record would then be possible.
mahendrakumar
(Expert) 05 November 2011
provided there is some violation regarding non keeping of such regards.
you may raise another rti with following queries.
a) who is the official custodian of the documents?
b)as per rule,the period for such records to be kept
c) if the records are destroyed,any registers maintained for the same.
d) certified copy of the page of the register.
dear Partha,people have become very smart in replying rti queries now a days.
for a simple information,like closing of admission to profession courses in the state, I had so far raised 10 rti applications,followed by first appeals and second appeal with SIC.
I have got replies to all those queries within the time frame of the rti.
I have been provided with volumes of information (not sought by me) except the one I had sought.
On going through their replies,you may feel there is something wrong with your queries.
Most of the time they will not provide the "information" unless they want.
well,you may try filing a writ at HC or raise a consumer complaint and waste another 2 or 3 years.
Advocate. Arunagiri
(Expert) 05 November 2011
You can file a writ petition against the information commission for a suitable relief. The complaint to the Governor, may not have a result.
umapathi.s
(Expert) 07 November 2011
Dear Partha, please consider the following.
1) If the records are not traceable,even after the search, then insist Information Commission to pass direction to file FIR against the custodian of information. This has been followed by CIC in many of its decisions.public documents are public property and they can't be held untraceable without valid reasons.
2) Governor has no role to play in this matter, since you have been approaching information Commission all these days, now you need to approach High Court by way of writ petition for some relief.
Shailesh Kr. Shah
(Expert) 07 November 2011
Agree with common opinion of all experts. I would also like to add Section 8(3), Which Says:-
"Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under secton 6 shall be provided to any person making a request under that section:
Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act."
KodaiKanal S.Thanuskodi
(Expert) 08 November 2011
The State Governors are doing the Germonel duties, recommondation the Higher Universities posts for their sons,daughters and girl friends benfities and their staff doing postman duties to direct petition even they have Constitional power to direct to Lower Authorites and State Government.Late Tamilnadu State Governors K.K.Shaha and P.C.Alexchander had done wonderful redersals and directions
In the case learning Advocate Partha Sarkar should file the Continuation Petition to the open Court of the State Information Commissioners and pray to direct CPIO to file criminal Complaints to The District or City Crime Branch and Reconstruct the file and give information and than go to writ,If the State Information Commission will not pass order within 15 days.
R.venkatesh Naidu
(Expert) 14 November 2011
i agreed mr.: Advocate. Arunagiri and shailesh's advises
