Re: [HumJanenge] AP High Court judgment regarding compliance of SIC order

ANOTHER EXCELLENT HC JUDGMENT !!!
Thanks for giving us this one Mr. Karira.

The operative portion is as under:-

"3. The Right to Information Act, 2005 is a self-contained
enactment and it provides for stringent measures for enforcement of
the orders of the authorities passed thereunder for providing
information. If the required information is not furnished by the
respondents, then the petitioner instead of approaching the
authorities under Section 20 of the said Act, approached this Court
under Article 226 of the Constitution. This Court is not the
executing Court for implementation of the orders passed by various
authorities under the Right to Information Act, 2005.

4. In the circumstances, the writ petition is dismissed, giving
liberty to the petitioner to approach the proper authority under
Section 20 of the Right to Information Act, 2005."

This simply means that CIC / SIC have all the STRINGENT powers to
ENFORCE NON-COMPLIANCE OF THEIR ORDERS.

It also means that the ONLY remedy if info is not supplied pursuant to
a TIME-BOUND direction of CIC/SIC, then the appellant is ONLY entitled
to have PENALTY imposed on CPIO. and/or a disciplinary action against
CPIO as envisaged u/s 20. (NB: I personally feel that a section 18
complaint also lies but the same was not agitated properly before the
Court)

Lets see if this AP HC judgment is overturned.

Sarbajit

On 3/9/12, C K Jam <rtiwanted@yahoo.com> wrote:
> Attached is a judgment of the AP High Court regarding compliance of SIC
> orders.
>
> Just for information, the APIC passed its order after the SC judgment on
> answer sheets and quoted extensively from it.
>
> Cant figure out as to how applicant can approach a APIC under Sec 20 ?
> Approach can be only under Sec 18(1)(a to f) or Sec 19(3).
> Sec 20 specifies the power of the SIC for imposing penalty, after following
> dues process (show cause, etc.).
>
> What about the "information" ? How will SIC now ensure compliance of its
> orders to disclose "information" ?
> (specially when the public authority has already said it will not disclose).
>
> Please give views.
>
> RTIwanted
>
> PS: Original order available
> here: http://hc.ap.nic.in/orders/wp_1380_2012.html