Thanks but obviously I have done all that.... See the problem is this. The PIOs in almost all cases never reply or they provide some stupid replies which will have nothing to do with the RTI request. Then u appeal to the appellate BUT no one will reply to that either. Then u go for 2nd appeal with the Information Commission and they take 6+ months to open ur case and after that they send a summon/direction. After that some will provide partial (very minimal) information, some will claim that the information was already given and they will show their own file notings (not postal proof) for proof and most would still not provide the information. As a citizen it is not practical for u to appear in front of the commission for each appeal as it becomes cost prohibitive (unless the information sought is work tens of thousands of rupees). The commission is supposed to read the 2nd appeal contents in full and ensure that if the PIOs are claiming the information is sent then they have to show solid proof for the same and also the PIO must provide sufficient explanation for the delay that is justifiable as per the RTI Act and accordingly condense the same for the record and send a copy to the petitioner. But the information commission never does any of these and mechanically never apply any of the penalty clauses....
(Note: for lack of providing information, I am still continuing the pursuit with the commission as per the RTI Act for each case)
In my cases I have not only insisted that the PIOs be penalized as part of my 2nd appeal petition, I have since then made a seperate application (allowed as per s.18 of the Act) in which I have consolidated all such cases and requested the commission to apply the penal clauses. But the Chief Information Commissioner never responded to that, I then send him 2 reminders and yet no reply and in all likely he will never reply... I think this is what happens when u appoint bureaucrats or other useless people who cannot think judicially and who have no apathy towards citizens......
Now this is the status in many states.... Obviously individuals cannot do much other than writing to the commission; going to the High Court is cost prohibitive and time consuming for each and every case and thus my attempt to do something...
We have already filed the WP on my last set of representations to the Chief Information Commission which comes up today for admission... Let us see... We are also trying to make a declaration by verbal mentioning....
Now, my lawyer feels that if we go for declaration that the penal clauses are not discretionary but mandatory then the court will take for ever and will take it on low priority and thus we are not directly asking for such declaration but are hoping to get the court's attention during the hearing and see if they will come thru to help the general public at large!!! This is the plan but a solid order against my pending representation also should go long way in sensitivising the PIOs as there are many PIOs covered in that representation ....
Hope my origianl question is clear (given the context above) now.... I welcome further ideas on the same and I am ok to go for another round of WP if needed.....
