Sec 80 cpc & rti- consumer court & writ petition
Rajesh Tandon
(Querist) 23 April 2013
This query is : Resolved
This is a query related to non-supply of information sought under RTI. The PIO of ordnance factory board Calcutta was approached under RTI for certain information but he failed to provide information. The appellate authority was approached. He too failed to provide information. A second RTI was addressed on a slightly different matter to PIO of the ordnance factory board Calcutta. This too has not been replied. Lodging a complaint with CIC i.e second appellate authority is itself a very time-consuming process . Sometimes CIC attends to complaint/appeal after a period of two years or more. Apart from the usual mechanism of making second appeal to the CIC, there is is also an alternate provision of giving notice under section 80 CPC to the concerned public authority through concerned secretary in the concerned ministry in the government of India. Subsequently, pursuing the matter to the consumer court wherein a number of consumer courts have entertained such cases on account of failure of PIO or appellate authority to provide information being deficiency in services. In addition, after serving a notice under section 80 CPC, one has still got an option to invoke article 226 of the Constitution and file a writ petition so that court directs the public authority to carry out its duty. Now the question is concerned RTI applicant is located in Sultanpur District(UP) whereas the office of PIO is in Calcutta. Supposingly, the concerned PIO is not moved even after serving of notice under section 80 CPC, then there may be a requirement to move to the consumer court. As it has been noticed by courts that a number of times the public authorities don't even reply to the notices also. Here lies the problem area. Normally, the case is to be filed in the jurisdiction of the court where the office of the opposite party lies which in this case would be Calcutta. So the whole aim of the exercise will be defeated. Is there any provision whereby the case can be lodged in Sultanpur District(UP) or Lucknow district consumer forum on some grounds. Even when the decision of number of district consumer forum in giving relief to RTI applicant is laudable, there is no relief for RTI applicant who is in transferable job or sitting at a distant location from office of public authority. Kindly suggest a way out. Also it has been learnt that it the RTI applicant or any antibody on his behalf can draft a notice under section 80 CPC, there is no formal requirement that the notice to be served by an advocate only. The same can be served by RTI applicant also. Request advice appropriately. Can on some grounds a writ petition can be filed after waiting and seeing the response of the public authority to the notice in Lucknow High Court instead of filing the writ petition in Calcutta High Court. Kindly Suggest some grounds. If a lawyer has to be engaged
in Calcutta district consumer Court/Calcutta High Court for filing consumer court case/writ petition, the whole aim of seeking information under RTI act will be defeated where in RTI applicant will have to incur exorbitant cost in engaging in a lawyer. Kindly suggest the problem resolution
R.K Nanda
(Expert) 23 April 2013
query too long to reply.
Raj Kumar Makkad
(Expert) 23 April 2013
It shall be better to post the query in easy paragraphs.
Rajesh Tandon
(Querist) 23 April 2013
Thanks Mr Makkad. I will do it now. The same is as follows.
1. The PIO of ordnance factory board Calcutta was approached under RTI for certain information but he failed to provide information.
2. The appellate authority was approached. He too failed to provide information.
3. A second RTI was addressed on a slightly different matter to PIO of the ordnance factory board Calcutta. This too has not been replied.
4. Lodging a complaint with CIC i.e second appellate authority is itself a very time-consuming process . Sometimes CIC attends to complaint/appeal after a period of two years or more.
5. Apart from the usual mechanism of making second appeal to the CIC, there is is also an alternate provision of giving notice under section 80 CPC to the concerned public authority through concerned secretary in the concerned ministry in the government of India. Subsequently, pursuing the matter to the consumer court wherein a number of consumer courts have entertained such cases on account of failure of PIO or appellate authority to provide information being deficiency in services.
6. In addition, after serving a notice under section 80 CPC, one has still got an option to invoke article 226 of the Constitution and file a writ petition so that court directs the public authority to carry out its duty.
7. Now the question is concerned RTI applicant is located in Sultanpur District(UP) whereas the office of PIO is in Calcutta. Supposingly, the concerned PIO is not moved even after serving of notice under section 80 CPC, then there may be a requirement to move to the consumer court. As it has been noticed by courts that a number of times the public authorities don't even reply to the notices also.
8. Here lies the problem area. Normally, the case is to be filed in the jurisdiction of the court where the office of the opposite party lies which in this case would be Calcutta. So the whole aim of the exercise will be defeated. Is there any provision whereby the case can be lodged in Sultanpur District(UP) or Lucknow district consumer forum on some grounds.
9. Even when the decision of number of district consumer forum in giving relief to RTI applicant is laudable, there is no relief for RTI applicant who is in transferable job or sitting at a distant location from office of public authority. Kindly suggest a way out.
10. Can on some grounds a writ petition can be filed after waiting and seeing the response of the public authority to the notice in Lucknow High Court instead of filing the writ petition in Calcutta High Court. Kindly Suggest some grounds.
11. If a lawyer has to be engagedin Calcutta district consumer Court/Calcutta High Court for filing consumer court case/writ petition, the whole aim of seeking information under RTI act will be defeated where in RTI applicant will have to incur exorbitant cost in engaging in a lawyer. Kindly suggest the problem resolution
Ms.Usha Kapoor
(Expert) 17 June 2018
query too long. It should be brief.
