TRY SEC 80 OF CIVIL PROCEDURE CODE FOR RTI

        TRY SEC 80 OF CIVIL PROCEDURE CODE FOR RTI

Section 80 of Civil Procedure Code 1908 states as under:

“80. Notice— [54][(1)][55][Save as otherwise provided in sub-section (2), no suits shall be instituted against the Government (including the Government of the State of Jammu & Kashmir) or against a public officer in respect of any act purporting to be done by such officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of—

(a) in the case of a suit against the Central Government, except where it relates to a railway, a Secretary to that Government;

(b) in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway;

(bb) in the case of a suit against the Government of the State of Jammu and Kashmir the Chief Secretary to that Government or any other officer authorised by that Government in this behalf;

(c) in the case of a suit against any other State Government, a Secretary to that Government or the Collector of the district;

and, in the case of a public officer, delivered to him or left at this office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.”

Thus it is mandatory that such a notice should be issued to Secretary of Ministry or Department overseeing public authority from whom you have failed to get proper information under RTI Act.

This notice can be used as an added avenue, especially because second appeals and complaints to CIC/SICs are taking too long a period. Consumer forums and National/State Human Rights Commissions also take one to two years to decide. Reference to Secretary may sensitize him, head of public authority and PIO/FAA to respond. I am attaching format of notice which can be used with changes to suit your case.

_______________________________________________________________________

From:

Name:

Address:

Cell No.

Email ID

____________________________________________________________________

Date: __________                                                

by  Regd or speed ad post & email

To,

Secretary,

_________________Ministry [ for central govt.] OR

_________________ Department [ for state govt.]

______________________

Dear Sir,

Subject:  NOTICE UNDER SEC 80 OF Civil Procedure Code 1908

I had sought certain information from PIO of public authority falling under your ministry / department; under The Right to Information Act 2005 vide my RTI application dated __________ [copy enclosed with proof of mailing or receipt].

02. I have not received reply from PIO within period mandated in RTI Act.

OR

Since I did not get reply within stipulated time I filed first appeal dated ______. Copy of appeal is enclosed with proof of its mailing or receipt.

OR

I have received reply vide letter No. __________ dated ______ [copy attached] and it has following deficiencies:

A] Reply is delayed beyond stipulated time limit under RTI Act

B]

C]

03. The foregoing amounts to breach of my rights under RTI Act. This also leads to violation of Fundamental Rights, Human Rights as defined by United Nations Declaration and Consumer Rights under Consumer Protection Act. This situation has given rise to cause of action for legal action against head of concerned public authority, its PIO [and First Appellate Authority].

04. For your ready reference, I quote from judgement dated 02-08-2005 of Hon’ble Supreme Court of India in Writ Petition (civil) 496 of 2002 -Salem Advocate Bar Association, Tamil Nadu v/s Union of India, as under:

             

                “Having regard to the existing state of affairs, we direct all Governments, Central or State or other authorities concerned that whenever any notice is received by them, they have to ensure that replies to notices are sent within the period stipulated time. The replies shall be sent after due application of mind. Despite this, if the court finds that either the notice has not been replied to or the reply is evasive and vague and has been sent without proper application of mind, the court shall ordinarily award heavy costs against the Government and direct it to take appropriate action against the officer concerned including recovery of costs from him.”

            “Every public authority shall appoint an officer responsible to take appropriate action on a notice issued under S.80 of the Code of Civil Procedure. Every such officer shall take appropriate action on receipt of such notice. If the Court finds that the concerned officer, on receipt of the notice, failed to take necessary action or was negligent in taking the necessary steps, the Court shall hold such officer responsible and recommend appropriate disciplinary action by the concerned authority.”

05. Before I proceed further, I request you to kindly supply or cause to be supplied complete, correct and relevant information sought by me immediately and also order payment of an amount of Rs.50000/-[Rs. fifty thousand only], towards damages, compensation, cost, inconvenience, mental agony and tension and breach of my fundamental rights under article 19.1.a of Constitution of India and human rights; latest within 60 days from the date of receipt of this notice by you. 

06. If I do not receive satisfactory reply to my above mentioned queries within a specified time of two months from the date of receipt of this notice by you, it will be construed by me as contempt of court and may be proceeded against in a Court of Law.

07.In addition to above, I request you to please order departmental action under service rules against erring officers of concerned public authority for defiance of law, dereliction of duties and infringement of aforesaid rights of a common Indian,  under advice to me.

08. As Secretary of Ministry / Department, you should not tolerate such bluntant violation of laws passed by Parliament, which will again amount to abetment of violation of laws of the country and rule of law on your part.

09. Please note that this notice is without prejudice to writ which I may file in Hon’ble High Court under article 226 of the Constitution for violation of my fundamental rights.

10. I also quote for your information:

a. In Lucknow Development Authority V/S M .K. Gupta the Apex Court held that when public servants by malafide, oppressive and capricious acts in performance of official duty causes injustice harassment and agony to common man, renders the State or its instrumentality liable to pay damages to the person aggrieved. And the State or its instrumentality is duty bound to recover the amount of compensation so paid from the public servant concerned. (1994) 1 SCC 24,

b. “If   civilization   is   not   to   perish   in   this   country   as   it   has perished in some others too well known to suffer mention, it is  necessary   to  educate  ourselves   into  accepting  that,  respect   for   the   rights   of   individuals   is   the   true   bastion   of   democracy.   Therefore, the State must repair the damage done by its officers to   the   petitioner's   rights.   It   may   have   recourse   against   those officers."-  Hon’ble Supreme Court in Rudul Sah v. State of Bihar (1983) 4 SCC 141.

Yours faithfully,

[ __________]

Encls: as above

Copies by post and email [if any] to:

1. Head of Public Authority and his address

2. PIO and his address

3. First Appellate Authority [ if first appeal is filed] & his address