Right2Information

Right to Information – Master key to good governance

can an `aggrieved’ pio file an appeal with the info commission?

Posted by rtiact2005 on July 29, 2006

Dear all ,
In this Particular case , the Aggrived is a trust (running a school) which states that it is aggrived as it has been treated an public authority . Since the Trust was Formed at the Pleasure of the Govt  and the School is being run upon obtaining permission of the Govt , Bound to submit certain data / Info/ Statements/ returns to the Govt , The consideration of the AA that this Trust is an public authority  must only be Countered in court of Law as to contrary .

An approach against the decesion to the Education dept/Secretary  will be an Administrative overruling of the AA and automatically the AA will step in as the PIO for such a trust ,since he is the authority monitoring the trust by way of insisting /studing /directing the trust through data/info/statement/returns desigined by the appropriate govt .
vikram

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3 Responses to “can an `aggrieved’ pio file an appeal with the info commission?”

  1. rtiact2005 said

    dear vikramji,

    i am afraid, you did not get my point. it is definitely wrong for the
    `aggrieved’ pio of the school trust to have approached the education
    secretary, who has no jurisdiction under the rti act over the AA of his own
    department.

    but it take it that it was an instance of error in reporting and that the
    pio has filed an appeal under the rti act with the info commission.

    if you read my query, i have asked, can an `aggrieved’ pio file an appeal
    with the info commission – and if so under which section of the rti act?

  2. ramesh wasudeo said

    pio can file an appeal in his individual capacity for any wrong done to him by the concerned PIO. that is when he has filed RTI application himself.

    in other case, if the PIO feels that he has been wronged by his appeallate authority in a RTI case in his capacity as PIO ( applicant being someother person ), he can file complaint under sec 18 as agrived party to IC or CIC as the case may be. this is natural justice and fair play andsuch clarification was issued by maharashtra chief secretary in MRTI. an aggreived PIO also has right tojustice.

    rw.

  3. VEERESH BELLUR said

    Dear friends,

    Only Applicant can make complaint under section 18 of the Act only applicant can mak a complaintto the Commission. This provision can not be availed by the Public Information Officer and the public authorities..

    Even appeal u/s 19 can be made only by the information seeker and not by the Public Information Officer. Only third party has the right to appeal before the commission.

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