Dead lock situation created ( rti police and stste commission)
yogesh
(Querist) 29 January 2014
This query is : Resolved
Ld members,
After filing of chargesheet by Police, I filed the RTI seeking information on the collection of evidences, DP and cash flow, bill receipts etc related to 498-A case file against my Brother..The stste PIO declined to provide the information and first appeal was made which was also disposed and finally second appeal was made to state information commission which issued show cause notice and directed state SP to tendered their apaperance before the commission..On next hearing the DSP tendered unconditional apology and submitted that they had taken action against the ASI who was gross negligent in conduct of duty and assured commmission that such incident will not happen again..The Satate Information closed the file...
But the important question pertaining to th queries asked has not been answered..Neither the commission ahs directed the polcie to supply information nor information has been supplied..In return police has transferred the RTI application to the court which is now atatched to the court file....NOW THE Question arises who will furnished the information..There is nothing in the order against one can file the writ petition before the High Court agaisnt the commission order as nothing adverse has written nor has made directions to furnsh the information..Please give valuable opinion in thsi regard for getting the information??
Advocate. Arunagiri
(Expert) 29 January 2014
Mr.Arvind,
There is no such National Commission for RTI.
In case the RTI applicant is aggreived on the orders of the State Information Commission, the only remedy is Writ in the Jurisdictional High Court.
Mr.Yogesh,
Your option is you can once again file the petition 20 (1) of the RTI Act.
Your information that the RTI application was transfered to Court, it may not be correct, because there is no such provision in any rule.
yogesh
(Querist) 30 January 2014
Arungari Sir...whether the commission will entertain the application once the penal action has been dropped under section 20 ( 1) of RTI Act-2005
malipeddi jaggarao
(Expert) 30 January 2014
Instead of filing RTI application by you for the relating to your brother, it is always better that the aggrieved party should file the application.
In the given facts, as per the RTI Act, the second appellate authority has no such right to close the file without giving decision. Only remedy is to file a Writ in the High Court.
yogesh
(Querist) 30 January 2014
Sudhir Sir, I am attaching the copy of the order which si pasted below::
.
Name of the appellant: Shri Yogesh
Name of the Respondent State Public Information Officercum-Superintendent of Police,
Present:
This matter came up for hearing in pursuance of the earlier orders passed by this Bench of the Commission in Appeal Case No. of 201_ on vide which the Commission had observed that the respondent SPIO had denied the copy of the FIR under Section 8(1)(j) of the RTI Act whereas the FIR is a public document and it cannot be denied. The Commission had further observed that the date of submission of challan in the competent Court was not informed correctly. The authorised representative had submitted during the hearing that the challan was put in competent court on _______ but in writing it was being claimed as _____. The Commission had further observed that instead of giving correct and complete information, misleading and incomplete information has been furnished by the respondent SPIO. The Commission, prima facie, had observed that the respondent SPIO had not discharged his obligations diligently under the RTI Act, 2005 and held him liable for penal action under Section 20(1) of the RTI Act. The State Public Information Officer-cum-Superintendent of Police, was issued notice on to show cause as to why penalty at the rate of 250/-, subject to maximum of 25,000/-, for each day of delay for furnishing the incomplete and misleading information to the appellant, be not imposed upon him. He was directed to submit his written reply to the show cause notice by ______. He was further directed to be personally present during the hearing on _____. The respondent SPIO has submitted his reply to the show cause notice vide letter dated ______ which is taken on record.
2. Shri _______, Deputy Superintendent of Police , appeared on behalf of the respondent SPIO. He submitted that the lawyers are on strike for the last more than ten days and therefore, the respondent SPIO authorised him to appear before the Commission. He further submitted that the reply to the show cause notice has been submitted by the respondent SPIO vide letter dated________. Taking into consideration the law and order situation, personal appearance of the respondent SPIO is exempted and the authorised representative is allowed to present the case. The respondent SPIO has stated in his reply that the matter was under investigation and hence the information was denied under Section 8(1)(h) of the RTI Act, 2005 vide letter dated __________. The information could have been furnished after the completion of the investigation but Shri _______, E/ASI No. _______, dealing hand concerned, had committed gross negligence and disobedience for which he was issued show cause notice vide letter dated ________. His reply to the show cause notice was not found satisfactory and hence the punishment of 'Censure' has been awarded to the erring official with a copy on his personal file. The respondent SPIO has regretted this lapse and tendered unconditional apology. He has assured the Commission that this lapse will never occur in future. He has prayed that penal action initiated under Section 20(1) of the RTI Act, 2005 may be dropped.
3. The Commission heard carefully the authorised representative of the respondent SPIO and considered the reply to the show cause notice submitted by the respondent SPIO. The record on the case file was also perused. The Commission observed that disciplinary action has been taken against the erring official with a copy on his personal file. The Commission further observed that the respondent SPIO has regretted the lapse on the part of the erring official and tendered unconditional apology. He has assured the Commission that this lapse will never occur in future.
4. In view of the above findings, the penal action initiated under Section 20(1) of the RTI Act, 2005 against the respondent SPIO are hereby dropped.
Announced. To be communicated.
/TRUE COPY/
Rajendra K Goyal
(Expert) 30 January 2014
Your brother or some other family member can file another RTI.
You have the option to file writ before the High Court against the orders of State Information Commission,
yogesh
(Querist) 30 January 2014
cane we file the Writ Petition in our area i.e Delhi High Court against the order of state Information Commission, chandigarh?? Though Delhi High Court have the Jurisdiction over the Central Information Commission New Delhi ?
Rajendra K Goyal
(Expert) 30 January 2014
No, it would be filed at Punjab & Hayana High Court Chandigarh.
Advocate. Arunagiri
(Expert) 30 January 2014
Mr.Yogesh,
Penal action is different from direction to get the documents as per your RTI application.
the order speaks about a case under investigation. So, the documents can not be given during the investigation.
Say whether the case is under investigation or not at the time of RTI application and 2nd appeal.
yogesh
(Querist) 30 January 2014
Arungiri Sir..No the RTI was filed when the investigation was completed which is clearly seen from the order and even the date of the chargesheet was wrongly informed...The commission finds the lapse in sending the information to the Applicant but hss not made nay direction to supply the information to the petitioner..Instaed the penal action under section 20(1) was initiated and file closed after disposing the application when the DSP had informed that they had taken action aginst the ASI who was negligent in its conduct
Raj Kumar Makkad
(Expert) 30 January 2014
This is a fit case wherein an appeal can be filed before Punjab & Haryana High court at chandigarh by way of a writ petition against the illegal order passed by SIC Haryana.
R.V.RAO
(Expert) 31 January 2014
approach punjab and haryana high court.
T. Kalaiselvan, Advocate
(Expert) 01 February 2014
A fit case for filing a writ before the high court and your jurisdiction falls within Chandigarh, i.e., Punjab and Haryana high court.
