Right to Information Act 2005
S.B.adil rahman
(Querist) 15 April 2010
This query is : Resolved
Kindly tell whether the Office of the Chief Information Commissioner is a criminal court (since it orders imposing the penalty)or tribunal or has the status of a civil court?Section 19 of RTI Act vests the power of a civil court to the Information Commissioners with regard to summoning of the documents and witnesses like that of a civil court but does it make immune to the whole of Information Commission to question its functionings? Does it have the pwoer of contempt? Kindly enlightene me.
Raj Kumar Makkad
(Expert) 15 April 2010
It is not a criminal court but it vests powers of court as per specific law hence can demand documents and evidence and violation of its verdict is also a contempt of court.
S.B.adil rahman
(Querist) 15 April 2010
My point is that whether the information commission can be sued for deficiency in service by not listing the appeals and taking up the appeals filed lateron ignoring he seriality of the appeals. The judgment will not be the question under COPRA 1986 but the deficiency will be the matter.
B K Raghavendra Rao
(Expert) 15 April 2010
Your question pertains to latches in administration and not deficiency in service. You may complain to the next higher authority in administration about lackadaisical attitude of the information commission affecting the litigants.
Parthasarathi Loganathan
(Expert) 15 April 2010
Yes RTI Act is not a Grievance Redressal Enactment. It helps the applicant to gain authentic information of facts.
S.B.adil rahman
(Querist) 15 April 2010
Kindly refer to the judgement of NCDRC in the case Dr.S.P.Thirumala Rao Vs Municipal Commissioner Mysore.In that case Dr.rao filed a case at consumer forum regarding the deficiency in service by not providing him the information.He won the case and was compensated.The background of the case was that when the fee had been paid by the applicant for the information,he was a consumer.The case may be seen at the site "rtiindia.org".My question pertains to the same situation.When the office of the CIC is neither a court nor protected by any judicial officers protection act like law then why can not it be sued under COPRA?
mahendrakumar
(Expert) 15 April 2010
RTI act 2005,can be used as a tool to get "available" information.
It is upto the applicant as to how he/she uses it.
