IF PIO & FAA ARE NOT PENALISED BY IC

Appellants or complainants have experienced that ICs order supply of information, but they do not penalize PIO or FAA. Under such circumstances I would request aggrieved appellants or complainants to address attached letter to concerned IC. Suitable changes can be made to suit individual case. If large numbers of information seekers address such letters, over a time it will have positive and desired effect. After all in democracy, numbers count.

_______________________________________________________

FROM:
Address:
Email ID:
Mobile No.
_____________________________________________________
Date:

By UPC and email

To,
Shri ________________________
Hon’ble Information Commissioner,
Central Information Commission or State Information Commission
Address:
Email ID:

Hon’ble Sir,

Subject: Decision in Appeal/Complaint No. ____________

I thank you for your decision dated _______ in above appeal/complaint dated _______ relating to my RTI application dated _______ addressed to PIO of ___________[name of public authority]. You have kindly decided that information sought by me be supplied and same is awaited from PIO.

However, you have not imposed any penalty nor sought explanation of PIO or FAA despite there being following infirmities and violation of RTI Act 2005 by them:

1. There is delay in supply of information well beyond time limit mandated in the Act.

2. PIO has denied information for fabricated and untenable reasons, which were not upheld by the Commission.

3. FAA has not passed speaking order and has just concurred with PIO, thus he has failed in his quasi judicial duties.

4. FAA has not decided within time limit fixed under the Act.

5.

6.


I humbly invite your kind attention to section 20 of RTI Act which makes it obligatory on the part of Information Commissioner to impose penalty on PIO and FAA, once breach of provisions of the Act are on record. This has been further substantiated in judgement dated 28-04-2009 of Hon’ble High Court of Delhi in W.P. (C) 3845/2007 MUJIBUR REHMAN versus CIC.

In addition to above, PIO has committed breach of my consumer rights under Consumer Protection Act 1986, as decided by hon’ble National Consumer Disputes Redressal Commission, New Delhi in decision dated 28-05-2009 in revision petition No. 1975 [in appeal No. 244/04 relating to complaint of Dr. S.P Thirumala Rao v/s Municipal Commissioner, Mysore]. There is deficiency in service and resorting to unfair trade practices

It has been experienced that PIO resort to filibustering tactics by assigning arbitrary and baseless reasons for refusing information, which do not withstand test at CIC/SIC. Lack of knowledge cannot be now treated as reasonable excuse after 4 years of existence of the Act. PIO and FAA are educated, experienced and well informed officers at senior level, and hence error of judgement is not possible in such a simple law.

I was forced to approach CIC/SIC, at heavy expenses [by way of postage, conveyance, computer print-outs] and information is inordinately delayed. My further legal or administrative action against PA has been delayed or rendered time barred. The entire avoidable exercise entails anxiety, tension on the part of information seeker. PIO and FAA happily escape punitive action and enjoy harassment of applicant. One of the reasons for heavy flow of complaints/appeals at CIC/SIC is that PIO and FAA know that they will not be penalized and information can be delayed inordinately, thus compelling citizen not to ever again invoke RTI Act in future and forget it. This will permanently defeat the intention of the legislature and collective will of the people of this country.

Thus by being soft towards PIO and FAA the Commission is increasing its own work load, making RTI Act less effective, causing avoidable expense, delay and frustration to citizen. The Commission in a way facilitates transgression of fundamental rights of citizenry under article 19.1.a. ICs by their soft approach become party to the grave sins and clandestine manipulations of PIO and FAA to frustrate the Act. For a common man ICs are guardians of RTI and fundamental right attached to it.

I therefore once again request you to issue show cause notice to PIO and FAA and penalize them for breach of provisions of RTI Act 2005, under advice to me. This will have all round cascading and positive effect on approach of PIO and FAA in future.

I may add that the basis of every law or every rule OR EVERY EXERCISE OF DISCRETION or every decision govt. or govt. agencies take, is on the premise of greatest good of the greatest number of people. May GOD be with you always and every time to strengthen RTI for common man of this democratic country.


Yours faithfully,


[ ]

Copy by UPC to:

PIO

FAA