• 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 1 year ago in Civil Law from Mumbai, Maharashtra
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
13948 Answers
127 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
23151 Answers
1216 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
18061 Answers
447 Consultations
5.0 on 5.0

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