NOT SATISFIED WITH DECISION OF INFORMATION COMMISSIONER?

Large number of appellants/complainants is not satisfied with decisions of Information Commissioners [ICs]. However, since there is no provision of review of decisions of ICs at SIC or CIC level, the only remedy lies in filing a writ petition in High Court. This is costly, time consuming and outcome is also uncertain.

I suggest that whenever appellant/complainant is not satisfied with decision of an IC, he should represent the matter in personal name of concerned IC, with copy to Chief Information Commissioner and Secretary of DoPT, New Delhi and Head of Dept which oversees RTI act in the state. The representation should be detailed one, preferably drafted by experience RTI activist, with all supporting averments or earlier decisions of other SIC/CIC in similar matter.

If this is followed, it will have administrative, moral, positive and persuasive pressure on ICs to refine their future decisions and approach towards information seekers. They will realize that their decisions are being audited by public. Creation of record of defective decisions will also be a deterrent. Govt and Chief Information Commissioner can take administrative steps to correct the situation. There are small solutions to big problems. Little money, time and efforts will have salutary bearing on decisions of ICs, if large number of aggrieved citizens act against faulty decisions of ICs.

Draft of letter to be addressed is attached, which can be used with changes to suit each individual decision.

_______________________________________________________






FROM:
Address:
Email ID:
Mobile No.
_____________________________________________________

Date: By UPC and email

To,
Shri ________________________
Hon’ble Information Commissioner,
_________ 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].

Unfortunately, I am not satisfied with your above decisions because of following infirmities:

1.

2.

3.

The only remedy available to me is to file writ petition in High Court. I do not afford this remedy as it is costly, time consuming and frustrating. However as a citizen interested in good governance, I have deemed it fit to give you my humble feed back on your decision. I sincerely hope, this feed back will have positive effect on your future decisions in consonance with spirit and letter of RTI Act 2005.

I may also 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,

[ ]

Copies by UPC & email to:

1. Chief Information Commissioner of CIC/SIC

2. Secretary,
Ministry of Personnel, P.G. and Pensions
Department of Personnel & Training
Government of India
New Delhi, email id: secy_mop@nic.in

3. Secretary,
Dept or Ministry of State govt overseeing RTI in the State