Re: [rti4empowerment] NEW AMENDMENT RULES TO RTI ACT IN KARNATAKA STATE

Dear Guptaji

The powers you refer to of 18(3) for Complaints are the VERY LIMITED
POWERS to "receive evidence" akin to those of even the 3rd class small
causes courts.

In any case, these EXACT powers for receiving evidence are also
available to the CIC under the appeal procedure rules in the case of
appeals.

So once again your reasoning falls flat.

Sarbajit

On Thu, Nov 10, 2011 at 9:49 AM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
> Dear Sarabjit Roy,
> In response to my request to be categorical, u have advised me that i do not
> know how to read English properly.  I am sorry to state that I request you
> the same.
> Please go through section 18 of the Act again and you will find that under
> sub section 2, Commissions may iniitate an inquiry in the matter.
>
> Under sub-section 3, Commissions while inquiring int any matter, have the
> same power pwers as are vested in a civil court while trying  suit under the
> Code of Civil Procedure, 1908, in some respect, details given from (a) to
> (e).
> This options are not available in appeal cases filed u.s. 19(3) of the Act.
> Unfortunately, Commissions rarely take resort to these provision. Recently,
> a case has come to notice where a State Commission (probably Punjab) used
> this section and issued bailable warrant against a PIO.
>
> However, according to your advise, I am trying to know how to read between
> the line apart from reading in lines.  Advise you for the same.
> Regards,
> M K Gupta
>
> ________________________________
> From: Sarbajit Roy <sroy.mb@gmail.com>
> To: rti4empowerment@googlegroups.com
> Sent: Wednesday, 9 November 2011 11:50 PM
> Subject: Re: [rti4empowerment] NEW AMENDMENT RULES TO RTI ACT IN KARNATAKA
> STATE
>
> Dear Guptaji
>
> For the umpteenth time I am advising you that you do not know how to
> read English properly.
>
> The new Karnataka RTI Rules amendments do NOT curtail the right of
> applicant to file a complaint u/s 18(1)(c) if the PIO fails to give a
> reply to the RTI request within the time period prescribed.
>
> I also do not see where the RTI Act specifies that the penalties for
> complaints is more stringent than that for appeals.
>
> Sarbajit
>
> On Wed, Nov 9, 2011 at 2:00 PM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
>> There is a need to panic.  If we do not receive the reply to RTI
>> application, applicant has a right to go to the Commission directly in
>> complaint u.s. 18.  How that option can be snacthed without due process of
>> law. Other grounds to approach the Commission are enumerated sub sections
>> (a) to (f) of section 18.
>> There is no time limit to go to Commission in complaint case while in
>> appeal, the limitation is of 90 days.
>> In complaint, the penal provisions are more stringenent than in appeal.
>> I would like Shri Sarabjit Roy to be categorical about his thinking on
>> these
>> points.
>>
>>
>> ________________________________
>> From: Bhaskar Prabhu <mahitiadhikarmanch@gmail.com>
>> To: rti4empowerment@googlegroups.com
>> Sent: Wednesday, 9 November 2011 1:41 PM
>> Subject: Re: [rti4empowerment] NEW AMENDMENT RULES TO RTI ACT IN KARNATAKA
>> STATE
>>
>> I agree with Sarbajit and Vinita, this pertains only to appeal process.
>>
>> Bhaskar Prabhu
>> Mahiti Adhikar Manch
>>
>> On Wed, Nov 9, 2011 at 7:51 AM, Vinita Vishwas Deshmukh
>> <vinitapune@gmail.com> wrote:
>>
>> I don't think there's anything to get panicky - it only says that first
>> you
>> should go to the appellate authority. my two bits
>> cheers and warm rgds
>> vinita
>> Vinita Deshmukh
>> Senior Journalist
>> 98230 36663
>> Consulting Editor, MoneyLife
>> www.truecoloursofpune.blogspot.com
>> co-author of the book`To The Last Bullet'
>> Convener, Pune Metro Jagruti Abhiyaan
>>
>>
>> On Wed, Nov 9, 2011 at 7:37 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>>
>> The amended rules are perfectly ok and only concern 2nd appeals u/s 19(3).
>> This has no bearing whatsover on complaints filed u/s 18.
>>
>> Sarbajit
>>
>>
>>
>>
>>
>>
>
>
>