Legal Question in Administrative Law in India

Can we make RTI Application to the State Information Commission ?

Can an valid RTI application be made to the State Information Commission for seeking information on reasons for delay in hearing a Appeal under RTI Act ? Is the State Information Commission or its Staff bound by this?


Asked on 6/21/08, 3:54 am

4 Answers from Attorneys

SUNIL PRADHAN PRIVATE PRACTIONER

Re: Can we make RTI Application to the State Information Commission ?

RTI applications are to be answered with a months time.But the reason for delay should be mentioned by the concerned PIO. otherwise you file can appeal to the state or the central infromation commission.appeal forms are available in various RTI website.

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Answered on 6/22/08, 12:00 am
G. M. Gupta gmguptaandassociates

Re: Can we make RTI Application to the State Information Commission ?

please check out with them only.. i dont know

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Answered on 6/23/08, 8:57 am
Mahesh Gupta Medico-legal Advocates and Consultants

Re: Can we make RTI Application to the State Information Commission ?

Yes.

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Answered on 6/21/08, 8:04 am

Re: Can we make RTI Application to the State Information Commission ?

YOU CAN NOT MAKE SUCH APPLICATION. SINCE THE MATTER IS FOR ADJUDICATION BEFORE COMMISSION.ITS THE DISCRIATIONARY POWER OF THE COMMISSION THAT HOW TO CONDUCT A CASE AND WHEN TO DISPOSE THE CASE, THE COMMISSION IS ALSO BINDING WITH THE RULES BUT NO ONE CAN ASK WHY THE COMMISSION IS MAKING DELY IN ADJUDICATION.SINCE OUR COUNTRY IS WITH FREE AND FAIR WITH INDEPENDENT JUDICIAL SYSTEM.NO PRESSURE CAN BE MADE ON THIS BY MEANS OF FILING RTI APPLICATION.

EXAMPLE. ONE APPLICATION FILED BEFORE ONE HIGH COURT THAT ON WHAT GROUND THE ORDER HAVE BEEN PASSED AGAINST THE AN ACT. THE P.I.O. DECLINED TO ANSWER IT AND SAID ITS A JUDICIAL MATTER.

BY THIS WE CAN APPLY OUR JUDICIOUS MIND AND IT CAN BE CHALLENGED BEFORE APPELLETE FORUM. SINCE THE COMMISSION IS THE APPELLETE FORUM IF IT MAKES UNNECESSARY DELAY OR DELY CAUSES IRREPARABLE DAMAGES THEN ONE CAN SEEK JUSTICE THROUGH WRIT PETITION AT HIGH/APEX COURT SEEKING DIRECTION FOR SPPEDY TRIAL. THIS IS A FUNDAMENTAL RIGHT. NORMALLY COURT WILL NOT INTERFER THIS TYPE OF PRAYER.HOWEVER IT DEPENDS UPON EACH CASE.

IT IS SURE ONE CAN NOT MAKE APPLICATION UNDER R.T.I. SEEKING REASONS FOR DELY IN HEARING OF APPEAL PETITION AT R.T.I.

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Answered on 6/30/08, 10:59 pm


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