• Right to Information Act

I have received order post second appeal under RTI from State Information Commissioner on 1st April 2014. In that he directed DY. Registrar of Co-op Societies to take action. Many follow ups were done by me but till date non action has been taken by him.
I again went to RTI, now RTI says that if no action taken by Dy Registrar withing 6 months or RTI order it get Time barred and again thing have to be done from start.
Please let me know what is the process.
Asked 9 years ago in Civil Law

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3 Answers

Yes you may follow the provision or procedure as envisaged in the law in this regard.

An applicant under the Act has a right to appeal to the Information Commission

and also to make complaint to the Commission. Where the Information Commission at

the time of deciding any complaint or appeal is of the opinion that the Public Information

Officer has without any reasonable cause, refused to receive an application for

information or has not furnished information within the time specified or malafidely

denied the request for information or knowingly given incorrect, incomplete or

misleading information or destroyed information which was the subject of the request or

obstructed in any manner in furnishing the information, it shall impose a penalty of two

hundred and fifty rupees each day till application is received or information is furnished

subject to the condition that the total amount of such penalty shall not exceed twentyfive

thousand rupees. The Public Information Officer shall, however, be given a

reasonable opportunity of being heard before any penalty is imposed on him. The

burden of proving that he acted reasonably and diligently and in case of denial of a

request that such denial was justified shall be on the Public Information Officer.

If, in any case, the Public Information Officer does not implement the order

passed by the appellate authority and the appellate authority feels that intervention of

higher authority is required to get his order implemented, he should bring the matter to

the notice of the officer in the public authority competent to take action against the

Public Information Officer. Such competent officer shall take necessary action so as to

ensure implementation of the provisions of the RTI Act.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

1)in the order passed by SIC on 1st April 2014 please clarify whether any time was given to DY registrar of cooperative societies to submit compliance report within stipulated period

2) in case no compliance report was submitted under section 20 of RTI act penalty could have been imposed

3) the Commissioner can impose a penalty of two hundred and

fifty rupees each day till application is received or information is furnished

subject to the condition that the total amount of such penalty shall not exceed

twenty-five thousand rupees.

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

1. If the order was passed on 1st April 2014 or before it then you should have taken out proceedings for contempt within 6 months before the SIC.

2. You should now apply to SIC to proceed against the Dy.Registrar for contempt. In its wisdom the SIC may decide to initiate the necessary proceedings against the registrar even though there is a huge delay.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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