notice under sec 80 cpc rti case

Querist : Anonymous (Querist) 17 September 2010 This query is : Resolved
DEAR SIR,

I HAVE ON TWO OCCASION BEEN GIVEN INCOMPLETE MISLEADING INFORMATION BY THE PIO DESPITE SPECIFIC ORDERS OF AA TO PROVIDE THE REQUISITE INFORMATION.

I AM ADVISED THAT I SHOULD SERVE A NOTICE UNDER SEC 80 CPC TO THE HIGHEST OFFICER OF THE DEPARTMENT TO GET OUT THE INFORMATION AND SEEK DISCIPLINARY ACTION AGAINST THE PIO UNDER THE SERVICE RULES.

WHAT IS YOUR ADVICE?

MY INTEREST IS IN GETTING THE INFORMATIUON THAT PIO IS TRYING TO CONCEAL.

INTEREST IN HIS PUNISHMENT IS A SECONDARY AIM
ANKING YOU

VINAY KALA

SEP 17,10

Follow Query

Report Abuse

Chanchal Nag Chowdhury (Expert) 17 September 2010
U need to file a writ petition in the HC.

Querist : Anonymous (Querist) 17 September 2010
THANKS SIR,

SINCE I HAVE NO INTENTION TO FILE A WRIT PETITION AS I HAVE LODGED A SECOND APPEAL WITH THE RTI, DOES IT SERVE ANY PURPOSE TO SERVE SUCH A NOTICE.

WOULD BE A GOOD PRESSURE TACTIC?

VK SEP 17,10

R.Ramachandran (Expert) 17 September 2010
Sec. 80 CPC has no application at all to the present situation.
The PIO is supposed to give you the information. But I am not clear on what basis you say that the PIO has been giving incorrect and misleading information. That means you have certain information in your hand which does not correspond with the information being furnished by the PIO. First you have to examine what was your question and whether the information provided by the PIO answers your query.
If the answer given by the PIO meets with your query, but does not tally with the information which you already have, then you should examine whether you have put the query in a proper manner. You better take the help of some one else to draft the query.
WRIT petition also has no remedy in such situation.

Querist : Anonymous (Querist) 17 September 2010
dear sir,

i am no novice.

i know the exact query and the reply does not address the query.

THE PIO HAS BEEN EVASIVE AND DOES NOT ANSWER THE QUERY AND OF COURSE I KNOW THE INFORMATION BUT WANT A CERTIFIED COPY TO PRESENT IN COURT.

TWICE HE HAS GIVEN WRONG INFORMATION.

I HAVE COMPLAINED TO AA WHO HAS ORDERED AN INVESTIGATION TO FIND THE INFOR.

DESPITE THAT THE PIO CHOOSES TO GIVE MISLEADING INFORMATION

THANKS FOR INFO THAT 80 CPC HAS NO APPLICATION.

I WAS GIVEN THIS ADVICE ON THIS FORUM AND HENCE THE QUESTION

J. P. Shah (Expert) 18 September 2010
You need to wait for decision on your second appeal. NCDRC has held that an applicant under RTI is a consumer under CP Act.Please visit http://www.lawyersclubindia.com/share_files/ADDITIONAL-REMEDY-FOR-INFORMATION-SEEKERS--3387.asp

s.subramanian (Expert) 18 September 2010
I agree with Mr.Ramachandran.

Querist : Anonymous (Querist) 18 September 2010
thanks sir

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries