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Sunny Honey (Student)     26 November 2009

RIght to Information Act (Isnt it Right to Harrassment)

Please help me out with answers pertaining to my questions mentioned below:-

!) A person had applied for information under RTI Act, 2005 from a state govt institution. The said information was not furnished within the stipulated time period of 30 days as contemplated by the so called provisions of the RTI Act, 2005. In consequence of which i preferred appeal to the 1st appelate authority, and consequently to the highest appelate authority that is the State commission, as my effort to procure information from 1st appelate authority went in vain as the information was not furnished by 1st appelate authority too.

ON APPEAL THE STATE INFORMATION COMMISSIONER LET THE PIO OFF BY PRONOUNCING IN THE OPEN COURT, THAT SINCE THE DEFAULT IS COMMITTED FOR THE VERY FIRST TIME, THE PIO IS BEING LET OFF BY THIS HON'BLE FORUM. THE SAID STATE INFORMATION COMMISSIONER TOTALLY IGNORED THE CONDUCT OF THE PIO FOR NOT FURNISHING INFORMATION WITHIN 30 DAYS AS STIPULATED BY THE ACT, AND THUS DISPOSED OFF THE CASE, WITHOUT LISTENING TO ANY CONTENTION OF THE APPLICANT FOR PENALISING THE ERRING PIO.

SINCE THEIR IS NO APPEAL AGAINST THIS ORDER OF SIC OTHER THAN TO THE HIGH COURT (WHICH IS VERY EXPENSIVE MEDIUM)- WHAT LIES AHEAD, IF THE APPLICANT WANTS TO APPEAL AND CHALLENGE THE DECESION OF THE COMMISSION. SINCE THE APPLICANT IS NOT VERY AFFLUENT FINANCIALLY TO TAKE THE MATTER TO THE NOTICE OF HIGH COURT BY VIRTUE OF CIVIL WRIT PETITION , WHAT RESORT CAN HE TAKE, IN SUCH CIRCUMSTANCES ?



Learning

 1 Replies

J. P. Shah (RTI & CONSUMER ACTIVIST)     30 November 2009


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