Right to information
anil saxena
(Querist) 26 January 2013
This query is : Resolved
if an EO of Nagarpalika gives wrong information in response to application under Right to information 2005 then what can we do ?
Advocate M.Bhadra
(Expert) 27 January 2013
You can appeal to the State Information Commission.
Isaac Gabriel
(Expert) 27 January 2013
In case the EO is the Public Information officer,file an appeal to the First applellate authority.Thereafter,if you are not convinced,file second appeal to the State Information Commission
H.M.Patnaik
(Expert) 27 January 2013
Mr. Isaac has advised perfectly.
Kishor Mehta
(Expert) 27 January 2013
Sir/s,
There is one more avenue if a person wants to go to the heart of the matter, as also to penalize the EO.
When the first appeal does not give a satisfactory result, there is an option of second appeal, this however takes a considerable time, more over there is no provision for the compensation to the applicant in RTI, the best recourse is to approach the Consumer Court.
If any amount is paid as fees under RTI, then you are a consumer and can approach the relevant Consumer Court for deficiency in services, decisions to this effect are given by the National Consumer Distress Redressal Commission.
Regards,
Kishor Mehta
Raj Kumar Makkad
(Expert) 28 January 2013
Mr. Mehta! You are also a consumer so can also avail consumer fora for penalizing EO as desired. Otherwise also, finally if an officer do not supply the correct information then he is also penalized under section 20 (1) of RTI Act @ Rs. 250/- per day from the date of default till its actual realization subject to maximum Rs. 25,000/- apart from the entry in his service book which is the biggest penalty in such cases.
Kishor Mehta
(Expert) 28 January 2013
Mr. Raj Kumar Makkad,
Sir,
So very true, but the point I wanted to clarify was not about the penalty to the EO, the RTI, is for information purposes only and does not specify any relief apart from information to the applicant, the Consumer Fora is the proper authority to order compensation to be given to the aggrieved person, and the NCDRC has accepted to consider an RTI applicant as a consumer if any fees are paid for the information requested.
I hope I am clear.
Thanks & Regards,
Kishor Mehta
