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

You are right in quoting the relevant extract to prove that the apex court should have noted the word 'complaint' mentioned alongside of 'appeal'. But you have inadvertently mentioned Section 18(1), in place of Section 20(1). Thanks for the quotation. 

Chitta Behera 

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From: sandeep kumar <drsandgupta@gmail.com>
To: humjanenge@googlegroups.com
Sent: Tuesday, 13 December 2011 7:18 PM
Subject: Re: [HumJanenge] SC rules that Info Commission cannot order disclosure of information under Sec 18

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 <rtiwanted@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.


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Dr. Sandeep Kumar Gupta
989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
Phone: 91-99929-31181