• Rti act 2005

As per Section 19(9) of the RTI Act 2005 the complainant is entitled to receive the copy of decision of the State or Central Information Commission . The Commission has to inform its decision to the complainant and the public authority.  But the State Information Commission of Uttar Pradesh, Lucknow is not following the said section 19(9) of the RTI Act 2005. On contacting over phone and even through RTI application no response is given by the Commission.  On inquiring from the Inquiry phone number of the Commission I was informed that for obtaining the copy of the decision of the commission one has to apply in the respective court of the commission in a proper format.  In my case  date the decision of a complaint was fixed as 07/08/2014 but even after two months I have not received the copy of the decision.  The Central Information Commission of New Delhi is very prompt in sending the copy of judgement and within 15 days the complainant is being received the copy of the judgment of the Central Information Commission but in case of UP State Information Commission the situation is very bad.  Please guide me what to do in such a situation where the State Information Commission is adamant and violating the section 19(9) of the RTI Act.
Asked 2 years ago in Civil Law from Agra, Uttar Pradesh
Hi, as per rule they have to provide the copy of the judgement but when the authority is response like this then it is better you have to apply the copy application in required format or other wise give it in writing we will not provide copy of the judgement.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Dear Querist
What do you want? Fighting for following the rules or want a copy of judgment? 
If you are willing to fight then file an appeal against state commission before appellate authority otherwise file an application as per the prescribed firmet to get certified copy of the same.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
file application in their format and get certified copy of judgement.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1) section 19(9) provides that The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority. tc 

2) if state information commission is violating provisions of section 19(9)file writ petition in the HC to direct the state commission to furnish copy of the orders passed by it as per section 19(9) of  RTI  Act

3)It is well known when a procedure is laid down statutorily and there is no challenge to the  said statutory procedure the Court should not, in the name of interpretation, lay down a procedure which is contrary to the express statutory provision. It is a time honoured principle as early as from the decision in Taylor v. Taylor [(1876) 1 Ch. D. 426] that where statute provides for something to be done in a particular manner it can be done in that manner alone and all other modes of performance are necessarily forbidden.

4) if you dont want to move the HC make an application for certified copy of order passed by SIC
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
You should file an application in the prescribed format to get the certified copy.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
Hi,.
You are advised to visit the commission personally and collect the free copy from the office of the commission.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1. You have two options before you,

2. You can either file an application before the State information Commission in their prescribed format or

3. File a writ petition before the High Court praying for a direction upon the SIC of UP to send you the said copy of the Judgment..
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. with the help of lawyer u can file writ in high court.

2. ur lawyer will appear and there is no need for u to appear in high court.

3. expenses depends on lawyer.

4. it may take 3 or 4 hearings.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Appoint a lawyer who will file  and appear in Allahabad High Court.you are not required to be present unless directed by the court.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) you have to engage  a lawyer for drafting and filing writ in allahabad HC

2) you need not attend hearing on each date .

3) the writ will not be disposed of in a single date . it may take a couple of dates . 

4) the litigation expenses only local lawyer can  guide you
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Hi,
As advised previously, you need to attend the commission office personally and file application for certified copy of judgement.If the commission refuse to issue certified copy of the judgement you can file writ petition before High court.About the expenses, it is different lawyer to lawyer fee. The court fee and typing and miscellaneous expenses may be about Rs.1,000/- You need not necessary to attend the hearing of the writ petition personally.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1. writ is the last resort, High Court shall not entertain any writ if there is any provision of appeal in statutory law.

2. you should prefer an appeal immediately.

3.don't file any writ it shall liable to be rejected.

4. sec 19 (1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, may within thirty days from the expiry of such period, prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be.

5. A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Dear Querist
you can contact Mr. Shivendra Pratap Singh, he is from Allahabad.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. You shall have to engage a lawyer practicing at Allahabad High Court to file your writ petition,

2. You shall have to be present compulsorily before filing the WO for affirming your petition,

3. After it is filed, your lawyer will make a mention and get an early date fixed for hearing,

4. Notice will be sent to all the contestants by your lawyer accordingly,

5.  In some cases, the petition may be disposed on on the first day itself,

6. In some cases, the High Court may ask the opposit party to file affidavit in opposition & in the above event it might take few more hearings to didpose of the petition.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. SIC has breached the law.

2. The breach can be remedied by moving a writ before the Allahabad High Court which can order SIC to immediately send you a copy of its order.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. You do not have to remain personally present in the HC during the hearing of your case as the presence of your lawyer will suffice. However, your presence will be required at the stage of filing of the case.

2. The expenditure to be incurred will be the legal fee of your lawyer and court fees.

3. Your case can be decided on the first hearing itself. However, if the HC decides to hear the opposite side then it might take 3 or 4 effective hearings.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
You engage a lawyer in Allahabad. You must be present when it is filed.then summons will be served to other persons in the case and will be posted for argument
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0

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