Non-compliance of orders of First Appellate Authority by C/PIO

At times C/PIO does not release information, even when first appellate authority decides and orders supply of information. Applicant should file second appeal/complaint to CIC/SIC. Additionally Applicant can invoke Consumer Protection Act 1986 and also section 80 of CPC. These are time consuming recourse. I suggest that a letter as per following draft should be tried first. Threat of departmental action against C/PIO may sensitize him for supply of information.


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From:
Address:
Cell No.


Date: ________ By regd ad post and email

To, [mention name if know to you]
____________ [Designation] &
First Appellate Authority under RTI Act
Name of public authority ____________
Address: _____________________
Email ID [if any]

Dear Sir,

Subject: First Appeal dated _______--Non compliance by C/PIO

I thank you for your decision No. ________ dated ______[copy enclosed] on my captioned appeal relating to my RTI application dated _______, ordering release of information by C/PIO.

2. I regret to inform you that concerned C/PIO [mention name if you know it] has not yet complied with your orders and continue to evade supply of information. This act of omission and commission by C/PIO amounts to gross misconduct under service rules of your organization, in addition to transgression of duties enjoined on CPIO under RTI Act 2005. It also violates my rights as consumer under The Consumer Protection Act 1986.

3. I therefore humbly request you to kindly:

a. Use your authority to ensure that your lawful and reasonable orders are sincerely and faithfully obeyed by C/PIO.

b. Initiate or recommend departmental / disciplinary action against C/PIO for flouting your orders as senior officer to C/PIO.

c. Ensure that requested information is supplied by C/PIO immediately.

4. I am sure C/PIO and you will not compel me to invoke The Consumer Protection Act 1986. I may add that I am a consumer under this act as decided by National Consumer Disputes Redressal Commission, New Delhi on 28-05-2009 in Revision Petition Nr. 1975 OF 2005. Dist. Consumer Fora at Nagpur, Vijaynagaram and Coimbatore have ordered release of information and compensation to RTI applicants under said act. Guntur A.P. Dist Consumer Forum ordered release of information and granted compensation and expenses on 07-01-2011 and when PIO and FAA did not comply with its orders Forum issued warrants to arrest two senior officers of State Govt. [one of director rank].

Yours faithfully,
_________________

Encl: 1
Copies to:

1. CPIO,

2. Head of public authority– for necessary administrative action please.