Under Section 18,sub-section (d) of RTI Act.2005, do CIC/SIC has power to test the reasonablity of fees prescribed by Competent Authority or Appropriate Govt.?????
lissing perme (unemployed) 29 December 2010
Under Section 18,sub-section (d) of RTI Act.2005, do CIC/SIC has power to test the reasonablity of fees prescribed by Competent Authority or Appropriate Govt.?????
DR.SANAT KUMAR DASH (Eye Specialist) 09 January 2011
Dear Lawyer,
" YES", The Information Commissions have power to consider unreasonable amount of fee of the RTI Applicant u/s subsection ( d ) of section 18 of the RTI Act,2005.
lissing perme (unemployed) 10 January 2011
Thank's for response!! Sir if possible share some citation cases by SC/HC/CIC /SIC.
As i had made a discussion with our State Information Commission regarding my query.And according to them SIC/CIC has no power to test the reasonability of fees fixed by the Competent Authority or Appropriate Govt.,as it being the policy matter of Competent Authority or Appropriate Govt.
Their stand is that they can only test on the reasonability of the additional fee fixed by the PIO not by Competent Authority or Appropriate Govt.
I think there is loophole in the RTI Act.2005 itself ,as Section 18,sub-section (d) of RTI Act.2005, do not provide clear cut idea about power of SIC/CIC to test the reasonability of fees.More over there are also other certain aspect in RTI Act.2005 which need a legal interpretations from experts.
Again sir for clear understanding of my query i would request you to go through my previous post,under the heading "Question on reasonablity of fee under RTI 2005"
Waiting for your advice!! thank's again.
DR.SANAT KUMAR DASH (Eye Specialist) 11 January 2011
DEAR LISSING,
FIRST FILE A COMPLAINT BEFORE THE STATE COMMISSION U/S 18 ( d ) & YOU WILL GET THE FRUIT. AS THE RTI ACT IS A NEW ONE...........THERE IS NO CITATIONS EITHER OF HIGH COURT OR THE APEX COURT OF INDIA.
lissing perme (unemployed) 11 January 2011
Thank's for your advice and hope you gone through my my earlier post,under the heading "Question on reasonability of fee under RTI 2005". Sir, again hope that now you has got the fact of my query.
so sir do you thing I should go for complaint to COMMISSION U/S 18 ( d )??? what commission stand are, I had already posted that in my previous post.
Your comment Pliz!! following lines;
lissing perme (unemployed) 13 January 2011
Respected Experts,
I really need serious advice and discussion on this post.