Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sidhhi   28 June 2022

Is not replying to RTI application a Cognizible Offense ?

Is not getting a reply from PIO in specified time a Cognizible Offense & if an FIR can be registered with police station. Is there a case law for this for citation? TIA


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 6 Replies

Om Prakash   29 June 2022

Leave alone cognizable offence, it is not even a noncognizable offence, if the PIO has not replied to your query under the RTI act. 

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 June 2022

you can go for appeal to the higher authorities through R.T.I.appeal application

G.L.N. Prasad (Retired employee.)     29 June 2022

Any remedies under RTI Act are only as per stipulations in the Act, and no court takes cognizance of any actions by stakeholders.  Please go through Sec.23.  Escalate to the First appeal to higher official to SPIO, Second appeal to IC, and finally writ.  Perseverance is key to RTI success.  Both for application and First appeals time frame fixed for response is 30 days for further appeals.  

Anila Sabu   29 June 2022

Dear Querist,

Normally, a public authority must provide information to an applicant within 30 days after receiving their application. If the requested information relates to someone's life or freedom, it must be provided within 48 hours. The thirty days or 48 hours, as the case may be, shall be extended by five days in the event that the application is sent through the Assistant Public Information Officer or is sent to the incorrect public authority.

In accordance with a court decision, RTI applicants who do not receive a response from the PIO within 30 days may directly approach the SIC or CIC and file a complaint.

If no response has been obtained from either Public Information Officers (PIOs) or Appellate Authorities (AAs) within a certain time frame, Right to Information (RTI) applicants may file a complaint directly with State Information Commissions (SICs) or Central Information Commissions (CICs). If PIOs are not doing their obligations, the Kerala High Court also stated that SICs and CICs are entitled to and required to look into complaints from RTI petitioners. If they don't, PIOs will be punished according to how many days have passed since their last response.

But NO this will not amount to a congnisable offence. 

The police station nearest the scene of the crime must receive a FIR. No police station may decline to file a FIR.

G.L.N. Prasad (Retired employee.)     29 June 2022

The following is such a specific stipulation replied by me earlier.

Section 23: Bar of jurisdiction of courts

No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

I have not come across instance any Police Station registering the complaint from RTI Applicant in 17 years after enactment.

Sidhhi   30 June 2022

Thanks Mr Prasad. Ms Anila Sahu thanks for the detailed information. In our case we have approached CIC and await his response/action. But the fact remains even after Kerala High Court judgement thick skinned POOs are not fulfilling their responsibilities.

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