Thursday, March 26, 2009

NON-COMPLIANCE OF ORDERS OF INFORMATION COMMISSIONS

Of late, appellants are facing problem of non-compliance/defective compliance of orders of Information Commissioners of CIC or SICs by PIO, FAA and Public Authority. Under such circumstances, the appellant should file complaint with the concerned SIC or CIC, as the case may be. SICs and CIC have no mechanism to ensure that their orders are complied with or not by the respondents. To enable the appellants to ensure compliance of IC orders, I am appending draft of complaint to be filed with CIC/SIC, and operative guidelines for filing.

_______________________________________________________

The Right to Information Act, 2005

Complaint u/s 18 before

CENTRAL/STATE INFORMATION COMMISSION

By speed ad post & email

TO,
Chief Information Commissioner,
Central/State Information Commission
_______________________________,

___________________________________

Hon’ble Sir,

As I am aggrieved by NON-COMPLIANCE or IMPROPER COMPLIANCE of order/decision of this Hon’ble Commission by Public Information Officer [PIO] and/or First Appellate Authority [FAA] and/or Public Authority [PA] , I hereby file this complaint for your kind EFFECTIVE action for compliance of decision/orders.

1. Details of complainant:

1.1 Name:

1.2. Address:

1.3 Phone/Cell No.:

1.4 Email ID:

2. Details of PIO:

2.1 Name/Designation:

2.2 Address:

2.3 Name of Public Authority:

3. Details of First Appellate Authority [FAA]:

3.1 Name/Designation of the FAA:

3.2 Address of FAA:

4. Dates of RTI application & first appeal:

4.1 RTI application dated ________

4.2 First appeal dated ________

5. Particulars of Decision of IC:

Decision No. ___________dated ___________of Hon’ble IC

Shri ____________________ [copy enclosed]

6. Brief facts of the case:

I had sought information as per enclosed RTI application dated_________ The Hon’ble Commission decided as stated above. However, PIO, FAA, PA have failed to implement orders of the Hon’ble Commission. Hence this complaint is filed.

CPIO/FAA have thus also committed offences punishable under Sections 176, 177, 186, 187, 188 and 228 of the Indian Penal Code, apart from rendering themselves liable for penalty stipulated under Section 20(1) of the Right to Information Act, 2005.


7. Reasons/grounds for this complaint:

*Despite orders of Hon’ble IC, PIO has not provided required information within the time stipulated in the decision i. e. by _____________[date]

OR

*PIO has supplied incomplete/irrelevant information which is not in consonance with the decision stated above of the Hon’ble IC. Copy of information supplied is enclosed and it has following deficiencies vis-à-vis information ordered to be supplied to me:

a.

b.

OR

*I have not been permitted inspection of records despite follow-up from my end.

OR

*I have not been paid amount of compensation ordered by IC.

OR

*_________________________________________________
_______________________________________________

[* delete which ever is not applicable]

8. Prayer/relief sought for:

A] Hon’ble Commission be pleased to initiate effective steps as deemed appropriate to ensure compliance with its decision/order.

B] Correct and complete information sought be ordered to be supplied immediately by registered post at my address, free of cost as per decision/order.

C] PIO be advised to permit inspection of record, as requested by me and permitted in the decision/order . [if applicable]

D] Exemplary penalty as per RTI Act or other law be imposed on PIO, FAA and Public Authority specially for contempt of Hon’ble Commission.

E] I should be fully compensated for not supplying correct and complete information in time limit fixed by Hon’ble IC in above decision.

F] Disciplinary action be ordered to be initiated for defiance of orders of the Hon’ble Commission, with detailed periodic reporting to the Commission.

G] Public Authority be ordered to reimburse traveling and lodging-boarding expenses incurred by me for attending hearing.

H] Hon’ble Commission may order making an entry in service book of the concerned PIO, FAA and Head of PA for defying act of the parliament and for contempt of the Hon’ble Commission.

9. Grounds for prayer/relief sought for:

Defiance of orders of Hon’ble Commission by government public servant is a serious matter and if not checked with iron hands it will make mockery of RTI Act. The prayers and relief above mentioned will make the public servants understand that in a democracy "you be ever so high, the law is above you".

10. Enclosures: Copies a. RTI application b. decision of IC and c. reply of PIO [if replied] d. postal proof [ UPC] of mailing copy of this complaint to PIO, FAA and Head of PA. e. other documents if any:


11. Personal Presence at hearing: YES / NO

12. Declaration:

I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority.




Place: Date: Signature of Complainant

Copy mailed under certificate of posting to:

1. PIO, 2. FAA and 3. Head of Public Authority


The real swaraj will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused.” Mahatma Gandhi.


















INDEX OF COMPAINT

of Mr. _________________ dated ________

Particulars Page Sr. No. from/ to

1. INDEX

2. Original COMPLAINT:

3. Chronology chart:

4. Copy of RTI application dtd____
with its enclosures. :

5. Copy of decision of IC dated_______:

6. Copy of information supplied after order of IC
by PIO [if supplied] :

7. Postal UPC of mailing copy of complaint to
PIO and FAA and Head of PA:

8. Other documents in support of complaint:



Signature of Complainant















CHRONOLOGICAL CHART OF COMPLAINT

of Mr.__________________________ dated ________

Action Date

1. RTI Application mailed/submitted on:

2. Date of decision of Commission:

3. Date of receipt of information from PIO
after decision of IC [if supplied] :

4. Date of mailing copy of complaint to
PIO, FAA and Head of PA

5. Date of mailing this complaint to IC


Signature of Complainant

















Guidelines for filing complaint with Information Commission for non-compliance of its orders:

1. Fill in the above complaint form, and chronological order of progress.

2. Get it typed in double space.

3. Get one photocopy of each of the enclosures mentioned in complaint.

4. Arrange all papers as per index and then serially number all papers on right hand side top corner. Complete index. This is one original set of complaint.

5. Prepare additional five sets as above by photocopying.

6. Sign each page of appeal, index and chronology chart [all six sets].

7. Self attest all the photocopies by signing under the word “Self Attested”

8. Send one set by upc post to each of PIO, FAA and Head of PA. Attach photocopy of UPC of mailing to the original and to one extra copy of complaint and your copy after filling details in index/chronology chart.

9. Mail original set and one extra copy of set by speed AD to the commission at the following address. Avoid courier services.

10. Retain one set for your record and reference, with proof of mailing and AD received from Commission for having received complaint.

11. Email the complaint to Information Commission, PIO, FAA and Head of PA on the day of mailing by post.

12. Keep track of speed post by visiting www.indiapost.gov.in and download screen shot of delivery of your cover to the commission

13. Periodically visit website of Commission for tracking progress of your complaint. Normally it takes 6 to 24 months for decision depending upon efficiency of Commission.

14. Some States [like Karnataka] have prescribed separate format for complaint. The same should be used. Few states have prescribed fee for complaint and it has to be paid as per state RTI rules with the complaint. State-wise details are available at www.rti.gov.in. CIC Delhi has not prescribed fee or format for complaint.

Note: Unless you are well versed with RTI, it is advisable to consult local NGO/RTI activist for filing complaint. Services are normally free.

My suggestion: Even where information is supplied but penalty is also imposed by IC, appellant should further file RTI application after 6 months of decision to know if the penalty has been actually recovered and credited to government account. ICs have no facility to track recovery of penalties. Your RTI application will strengthen the system.


__________________________Good luck and Happy RTIing______

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