remedy under rti act
k.k.jandial
(Querist) 27 December 2009
This query is : Resolved
Hi sirs.
what remedy is available to appellant in a appeal case before Sic, if sic does not properly hear the view pointof appellant on the points of !.
Quashing the orders of the 1st, Appellant- Authority.
2.Imposing penality to PIO fo 270 days delay in supplying information.
3.Non awarding of compensation to the appellant for loss and detriment suffered by him.
As sic has adopted novel mehod of proceedings of dictating to his steno the proceedings at its own sweet will instwad of recording the statements of the Appellant.
with regards
.K.k.Jandial
Rajinder Bhatia
(Expert) 27 December 2009
After failure to get the desired information in first and second appeal the only remedy available to appellant is Writ petition under article 226 of the Constitution. Recently the Hon'ble High Court of Delhi has given direction in a WP, to the Information Commission, for penalising the PIO under section 20 of the Right to Information Act, 2005, if the delay in supplying the inforamtion is proved.
Binod Kumar Mishra
(Expert) 27 December 2009
Jindal Jee,
you can't judge the SIC to pass judgement according to your suitability. how you are saying that SIC has to quash the order and impose the penalty. please explain.
and secondly please write about your RTI and the information provided by PIO, Appellate Authority so that we may comment on it.
k.k.jandial
(Querist) 29 December 2009
Dear Mishara ji,
Facts of the case date wise are attached.Although rfcord as per directions of SIC was supplied on 21-12-2009 by the PIO but SIC is not agreeable on the points of quashing orders of 1st A_A which were passed wihout hearing the Appellant and on points of imposing penality on PIo u.s 20 of Rti Act And giving compensation to appellant u/s 19(8)(b)of Rti act.Pl. advise for further course of action .This case was last heard on 22-12-2009& concluded by Sic. Wheter it is open foe appellant to submit Chief Information Commissioner a request to transfer this case to some other bench preferably to his bench on above points.Pl. guide.
K.K.Jandial
