Procedure of appeal agaisnt sic order u/s 23 of rti act, 2005
PARTHA SARKAR
(Querist) 03 February 2012
This query is : Resolved
Sir,
Seeking advise as per letter of commission on the following ground:
1. RTI petition received on 25.01.2011
2. Hearing on 06.09.2011.
3. SDO has submitted a report dated 12.08.2011 after receiving of hearing notice.
4. SDO stated that record not treaceable.
5. Commission Directed SDO to search record vigoriosly and firnish information to the petitioner within 30 days. Date od order 12.09.2011.
Till date no response from the SDO.
Still I have not received any information from the said SDO. As per section 23 of RTI Act I can not challenge the order of SIC but can appeal against order.
I do not know how to appeal against SIC order. Moreover 3 petitions already have submitted u/s 18(1) of the act and 4 reminder letters.
Kindly advise me appeal format and procedure. As no guide line are present at SIC site.
Regards
Partha Sarkar
Attachment not accepting there copy paste details below- Letter of commission:-
WEST BENGAL INFORMATION COMMISSIOI\
Bhabani Bhaban, znd Floor, Alipore
Kolkata-700 027
Te I efax (03 3)247 9 - I I 6 6
Website : wwrv.rrybjo,gov.ig
E-mail : scic-rvb@nic.in
No.31l9_WBICIR.IItZ63lt DATE: 1s.12.20I1
From: The Deputy Secretary & Addl. Registrar,
West Bengal Information Commission
To: The Sub-Divisional Officer,
Balurghat (Sadar),
Office of the Sub-Divisional Officer,
Balurghat (Sadar),
Dist. - Dakshin DinajPur.
Sir,
I am directed to refer to the Commission's Order No. 2266(3)-WB{C/RTI1263111
dated 12.09.2A11. It appears that no information has been furnished to the applicant as
directed by the Commission in the above mentioned Order. You are requested to furnish
specific replies with regard to item No. 1, 2,3 & 4 of the RTI application to the applicant
within 7 days fiorn the date of receipt of this letter with a copy of the Commission.
Yours faithf-u1ly,
sd/-
Deputy Secretary & Addl. Registrar
West Bengal Information Comm ission
No. 3 1 1 9/1 (1 )-WBIC/RT[|263 t tl
//
DATE: 15.12.2011
VroO, forwarded for information to Shri Partha Sarkar, Shivam Apaftment, 8/844,
Netaji Nagar, Flat No. 7, 1" Floor, P.O. - Jadavpur, Kolkata -700 092.
ftJr.
Raj Kumar Makkad
(Expert) 03 February 2012
Partha! As State Information Commission has failed to provide you desired information within the stipulated time, you shall have now to file an appeal before CIC. The procedure is entirely as same as adopted by you while filing your appeal before SIC.
PARTHA SARKAR
(Querist) 03 February 2012
Sir,
As per my knowledge CIC and SIC both are same horizontal status. CIS dealing with Central Govt. affairs and SIC is State affairs. Just like one High Court can not direct other HC in India.
Raj Kumar Makkad
(Expert) 04 February 2012
You are misunderstood. CIC is meant for hearing the appeal arising out of appeal filed with SIC.
Advocate. Arunagiri
(Expert) 04 February 2012
CIC is meant for hearing appeals against the Central govt Public Information officers.
SIC is meant for hearing appeals against the State govt Public Information officers.
If you fail in SIC you can not go to CIC.
If you fail in SIC or CIC you have to approach the High court by Writ.
PARTHA SARKAR
(Querist) 04 February 2012
Sir,
I am attracting section 23 of the RTI Act, 2005. Kindly advise
Advocate. Arunagiri
(Expert) 04 February 2012
Mr.Partha,
What do want to convey by your recent post?
PARTHA SARKAR
(Querist) 04 February 2012
It is a peculiar situation of law. I can not challeged the order of Information Commission. Sec 23 RTI Act "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 of an appeal under this act."
Section 20 of the Act mentioned "shall impose" penalty to the defaulting SPIO those who have deliberately violated the act by not providing information within 30 days.
Now, I how to proceed against SDO who still have not provided information as he is involved in corruption.
