Grading Standards have gone up after SC's latest on OBC reservations. PIO is not meant to forward misconceived RTI's. PIO has the option under the Act to sling it right back to applicant (as many PIOs are now doing). The PIO can also simply turn around and say it is not his job under the Act to forward such apps - but that it is for the APIO to do so.
Visitors Register is barred under Act - 8(1)(j) Attendance Register of P/A employees is 3rd party information requiring section 11 procedure which PIO can decline under 8(2) r/w 7(9) r/w 7(1)/7(3). I have stopped reading CIC orders nowadays - leaving that to affected parties or members like Manoj Pai to report here. The decisions are uniformly poor and have no precedentary value. Sarbajit --- In [email protected], C K Jam <[EMAIL PROTECTED]> wrote: > > Hi, > > Thanks for the grade. I was expecting a B+. > > I am not a lawyer. > > If, by "enforceable" you mean that no penalty will lie under Sec 20(1) for a infraction under Sec 6(3), I agree with you. However, for such a infraction, CIC does pass strictures against the defaulting PIO. > But nothing stops the applicant from praying for compensation under Sec 19(8)(b) if the applicant can justify such a claim. Please see Appeal No. CIC/WB/A/2006/00323. > > The basic objective is to get "information" under RTI. Whether one does it directly through the PIO (if there is one) in the PA or through the PIO in the "controlling" PA is immaterial. Obviously the effort and time taken will be more, but at least the citizen will get the information. > > Please also give me your views on the CIC order for appointing PIO/AA's in the Delhi Ministers offices. > > Can you then please suggest to me as to how a citizen can obtain a copy of the Attendance register or a Visitors register in the ministers office ? > > I agree with you about property returns (although I have been able to get them on 3 separate occassions - probably lucky). There is a decision of the CIC allowing disclosure in one case. There is another decision of the CIC where CIC had made certain recommendations regarding property return formats , methodology, etc. and also to make them open to the public. But as you will probably agree, not many "powers that be" read CIC orders and recommendations. > > Regards, > RTIWanted > >
