[HumJanenge] Re: SC rules that Info Commission cannot order disclosure of information under Sec 18

Re: not furnishing information.

When the PIO issues a further fee computation AND the applicant
deposits the further fees and THEN if the PIO does not provide the
information within the time calculated under section 7 factoring in
all the PROVISOS which stop the 30 days clock ONLY THEN is information
said to be "not furnished".

In the SC case, the PIs did not reply. So the only course in terms of
Act is section 19 first appeal.

Sarbajit

On Dec 13, 6:48 pm, sandeep kumar <drsandgu...@gmail.com> wrote:
> I may be wrong but I firmly believe that the case was not pursued
> properly by the lawyers of the commission.
> Read section 18(1):
> Where the Central Information Commission or the State Information
> Commission, as the case may be, at the time of deciding any complaint
> or appeal is of the opinion that the Central Public Information
> Officer or the State Public Information Officer, as the case may be,
> has, without any reasonable cause, refused to receive an application
> for information or has not furnished information within the time
> specified under sub-section (1) of section 7 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, so
> however, the total amount of such penalty shall not exceed twenty-five
> thousand rupees:
>
> It clearly says that the commission while hearing complaint/appeal
> shall impose penalty till information is furnished.
>
> Please comment whether I am wrong or right.
>
> On 12/13/11, C K Jam <rtiwan...@yahoo.com> wrote:
>
> > In a recent judgment, the Apex Court has ruled that the SIC/CIC cannot order
> > disclosure of information while decising Complaints under Sec 18 of the RTI
> > Act.
>
> > The full judgment is attached.
>
> > The whole purpose of the RTI Act is to disseminate information. What is the
> > big point in the Commission hearing Complaints under Sec 18, if the
> > information cannot be disclosed ?
>
> > Beats me completely.
>
> > RTIwanted.
>
> --
> Dr. Sandeep Kumar Gupta
> 989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
> Phone: 91-99929-31181