The Information Commission, Central
or State, is duty bound to receive and enquire into complaints if satisfied
about genuineness of the complaint. The circumstances in which a complaint can
be filed are as under: -
1. If any Public Authority has not appointed Public Information
Officer consequent to which a person is unable to file request application for
seeking information from the Public Authority, complaint can be filled.
2. If there is refusal by Public Information Officer or
Assistant Public Information Officer to receive an application requesting for
information, complaint can be filed.
3. If there is refusal by Public Information Officer or
Assistant Public Information Officer to receive an appeal petition for being
forwarded to the concerned appellate authority or the Information Commission,
complaint can be filed.
4. Refusal to supply Information requested by the person.
5. If there is no response (neither rejection nor supply) on a
request application seeking information and the prescribed time limit for
supply of information has expired, complaint can be filed.
6. If the applicant is asked to pay an amount of fee, which is
unreasonable, complaint can be filed.
7. If an applicant has been supplied the information but he
believes the supplied information to be incomplete, misleading or false,
complaint can be filed.
And for any other matter relating to request or access to
record, which may require direct intervention by the Commission, complaint can
be filed.
The Commission has power to call for and look into all records and
documents which may be relevant for taking a decision.
The commission can impose a penalty, if the situation so
warrants, upon the concerned Officer. The quantum of penalty is Rs. 250/-
(Rupees Two Hundred and Fifty only) for each day of default. The maximum
penalty is Rs. 25,000/- (Rupees Twenty Five Thousand only). The penalty can be
imposed only after opportunity of being heard is given to the Officer. The
penalty, if imposed, shall be upon the personal capacity of the concerned
Officer.
Also, if the action of the Officer leading to penalty proceeding
was done in a good faith, penalty cannot be imposed by the Commission. But,
penalty proceedings shall not get dropped or closed by the mere fact that some
other officer was responsible for the default -- that the concerned Officer or
(Public Information Officer) had requested for the documents or records from
another Officer who did not supply them. In such a situation, the penalty
proceedings shall automatically get initiated against such other Officer and
the Commission shall proceed against such other Officer. In these situations,
such other officer becomes a ‘deemed Public Information officer' for the
purpose of imposition of penalty.
In case any Officer commits persistent or repeated defaults the Commission
can recommend disciplinary action against the Officer under the Service Rules
applicable to him.
There is no prescribed Proforma for filing complaints. A simple
letter addressed to the Commission narrating the circumstances leading to the
grievance is enough. If there are any documentary evidences, these should be
attached to establish reasonableness of the complaint.
There is no fee for filing complaint.
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