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

The decision of the Hon'ble Court is not clear on the use of Section 18 of the RTI if appeal is filed in pursuance of section 7(2) on the failure of the PIO to give decision on the request for information.  The decision has failed to clarify whether both the options can be exercised simultaneously or only one can opt for one option either u.s. 18 (Complaint) or 19 (Appeal).  If that is so, one will have to to choose between punative action on the PIO or getting the information from the public authority.

 

However, good decision has been made in para 45 which says that organizations cannot be exempted retrospectively. (from back date.)

 

From: C K Jam <rtiwanted@yahoo.com>
To: "humjanenge@googlegroups.com" <humjanenge@googlegroups.com>
Sent: Tuesday, 13 December 2011 9:45 AM
Subject: [HumJanenge] SC rules that Info Commission cannot order disclosure of information under Sec 18

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.