Re: [HumJanenge] CIC-NO PENALTY OR ACTION AGAINST CPIO/FAA, DDA EVEN THEN BOTH HAVE NOT RESPONDED

in my opinion u should file a writ in the high court against the
order. The cic is duty bound to take action on the complaint.

On 6/2/11, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
>
> In a case wherein neither the CPIO nor the FAA of DDA has given any reply to
> the complainant, the decision of Mrs. Deepak Sandhu, Hon'bvle CIC has been
> given below.
>
> This decision has by and large, exornated the CPIO from any penaly or
> disciplanary action.  FAA has also got almost scot-free.
>
> In the face of such decisions, Public Authorities will hardly take the RTI
> Act seriously and will give information after an applicant/ complainant
> reaches the CIC.
>
> CENTRAL INFORMATION COMMISSION
> Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
> Bhikaji Cama Place, New Delhi-110066.
> Telefax:011-26180532 & 011-26107254
> Website : cic.gov.in
> Date : April 13, 2011
> Complaint No. : CIC/DS/C/2011/000219
> Complainant : Shri Mahesh Tak, Dwarka (New Delhi).
> Public Authority : Delhi Development Authority, New Delhi.
> ORDER
> The Commission has received a complaint petition, dated 23/06/2010 (Diary
> No.:43128/2010) from Shri Mahesh Tak, in respect of his/her RTI-application
> on
> 04/03/2010 filed with the CPIO, Office of the Superintending Engineer
> (H.Q.), Delhi
> Development Authority, Manglapuri, New Delhi-110045 (A Copy of RTI
> application is
> enclosed). Thereafter, the petitioner filed 1st Appeal before the First
> Appellate Authority of
> Public Authority. From the perusal of documents on record, it is seen that
> the same has not
> been adjudicated upon by the First Appellate Authority.
> 2. In order to avoid multiple proceedings under section 19 and 18 of the RTI
> Act, viz,
> appeals and complaints, the matter is remitted to the CPIO with the
> following
> directions:
> i. In case, no reply has been given by CPIO to the complainant to his/her
> RTI request,
> the CPIO should furnish a reply to the complainant within two weeks of
> receipt of
> this order.
> ii. In case CPIO has already given reply to the complainant in the matter,
> he/she
> should furnish a copy of his/her reply to the complainant within one week of
> receipt
> of this order.
> iii. CPIO should invariably indicate to the complainant the name and address
> of
> the 1st Appellate Authority, before whom the complainant can file first
> appeal, if any.
> Page
> 1
> iv. A copy of CPIO's reply will be endorsed to the Commission clearly
> indicating
> the case number and reason for delay, if any, in providing information.
> 3. In case the complainant is not satisfied with the reply received from the
> CPIO, he/she,
> under section 19(i) of the RTI Act, may file first-appeal before the FAA
> within the
> time prescribed under the RTI Act.
> 4. On receipt of the first appeal from the petitioner as per the above
> directions, FAA
> should dispose of the appeal within the period stipulated in the RTI Act.
> 5. In case complainant still feels aggrieved by the decision of FAA, he/she
> shall be free
> to approach the Commission in second appeal under section 19(3), along with
> complaint u/s 18, if any, within the prescribed time limit.
> (Smt. Deepak Sandhu)
> Information Commissioner (DS)
> Authenticated true copy:
> (T. K. Mohapatra)
> U.S. & Dy. Registrar
> Tele. No. : 011-26105027
> tk.mohapatra@nic.in
> Copy to :-
> 1. Shri Mahesh Tak
> 58 C, Pocket – 1,
> Sector – 10, Dwarka,
> New Delhi-110075.
> Contact No. : 98104 09087.
> 2. Central Public Information Officer
> Office of the Superintending Engineer (H.Q.),
> Delhi Development Authority,
> Page
> 2
> Manglapuri,
> New Delhi-110045.
> -:-
> Page
> 3

--
Dr. Sandeep Kumar Gupta
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Phone: 91-99929-31181