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(Guest)

Loophole in RTI Act ??!

Consider this scenario: You seek some information with RTI Application. There is NO REPLY. You file first appeal. Again, NO REPLY. You must now go to State Information Commission, which will hear your appeal after 6- 36 months. And can remand the matter back to the First Appellate Authority.
In short, you're back to going round and round in circles.

Bureaucracy is increasingly exploiting this 'loophole', as seen in example below:
(Link to article from RTIIndia (dot) Org, I hope posting links is not against forum rules.

https://www.rtiindia.org/forum/blogs/jps50/1504-reminder-first-appeal.html

What hope is there for us, given this sorry state of affairs?



 14 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 May 2011

You are right.   Nothing can be done,our system is like this.  We know only advise but cannot act.

1 Like

(Guest)

The RTI machinery is another parallel corrupt Judiciary. And the Lokpal machinery will be the third parallel corrupt judiciary. But I'm joining all the rallies and fasts in support of it, partly because to live in this country we have to be optimistic and support change.  Personally, I don't know what will ever come out of it.
 

DR.SANAT KUMAR DASH (Eye Specialist)     09 May 2011

If   no     reply    from   the    PIO    within    30days..........   go   for    the    First   Appeal   &   simultaneously    file    a   Consumer   case    in   the   Local   District   Consumer   Forum,     You   will   get   the   Judgment    withiin    6months.  The    PIO   will   be   fined     by    the    Consumer   Forum.

1 Like

Vijyant Nigam (09807349001) (Advocate)     09 May 2011

hmm... consumer forum also has power of execution... afterall v pay fee for getting information...

pankaj kumar (Patent Attorney)     09 May 2011

I agree with u people here concerning loophole in RTI.

I had filed about a dozen RTIs and some of them finally rejected by the RTI Commission merely on the ground of little discrepencies such as documents were not file in duplicate etc.

comparing the time and mind investment in them with regards to other priority work I found muself helpless and left them in mid-way like other general person with negative thought about the system.
 

what to say more....!

regards,

Pankaj

1 Like

(Guest)

Dr Sanat KumarDash,
You have made an interesting point! I did not know that government bodies could be sued in consumer's forum but  checked it out just the same. Found this:

The Supreme Court has held that Consumer Forums and Commissions do have jurisdiction over matters relating to services rendered by public development and other statutory authorities (government body). Supreme Court said that the Commission could award compensation for any deficiency in services rendered by public authorities as well as for harassment and mental agony. In this case, the Lucknow Development Authority was held to be liable for deficiency in services for not providing possession of flats to their owners in time. The Court also directed the public authority to recover the compensation paid by it to the consumer from its negligent employees.


(Guest)


More details of judgment which says government bodies can be sued in consumer's forum.
https://www.akosha.com/consumer-complaints/cases/public-development-authorities-and-statutory-bodies-amenable-jurisdiction- Equivalent citations: 1994 AIR 787, 1994 SCC (1) 243 Bench: Sahai, R.


Not sure if all PIOs in any government body are covered, but this is worth checking out. 
 

KIRAN_DASS (Retired)     09 May 2011

very nice.

Ambadas-Unde (Service)     11 May 2011

Pulling the errant PIO to Consumer court is good option.

Also in the 2nd appeal try demanding sever punishment by referring the releveant clauss of Disciplinary Rules and mark copy of complaint to PIO/FAA.  This might help to get the required information.  Also apprach print media for publicity of lax shown by PA.

DR.SANAT KUMAR DASH (Eye Specialist)     11 May 2011

Uma,

            For   your   Information     I   am     to   say   that    A     RTI   applicant     has   Two     choice.     He      can   go    to  the   First     Appellate    Authority   &   also    He    can   file    a   Case   in   the   Consumer   Forum   to   punish   the   Erring   PIO ,   who   has   ignored   the   Mandate   of  Law  that   not  providing   the   Information   with in  the   specified   period   of   30days   u/s7 ( 1 )  of  the   RTI  Act,2005.  

Ambadas-Unde (Service)     31 May 2011

That is great Mr. Gopal Soni.

RTI is in its infancy and as you said it is cheapest and effective.

It would be of interest for us if can tell us about the subject you queried and with which PA.

Kishorchandra (Self)     06 August 2015

In section of rti that there is aprovision that no any suit or case file against any appl authority

cyberlawyer (barrister)     19 August 2015

The RTI Applicant can file a case before the FAA and parallely before the consumer forum against the PIO and not against the FAA. Thats what the post of DR.SANAT KUMAR DASH says. 

@ Kishorchandra  :  The provision only bars proceeding against appellate authority and not against the PIO .

Nitin (Manager)     30 August 2015

Friends, for every law enacted in this country. There had never been the monitoring agency whch can look after the enacted laws of the parliament. If this had been so, people of india must have confide the judicial system of this country. 

 


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