SIC AND CIC MAY ENQUIRE INTO THE MATTER UNDER CODE OF CIVIL PROCEDURE -1908

In fact application under RTI act -2005 is continuously empowering citizens of the country to take use and exercise of this fundamental right for the interest of individual society as well as circle but it is regretted to point the delay in decision of cases at the levels of PIO and FAA as well as the SIC and CIC even thought time limits are prescribed  for considerations of the held proceedings but these are generally ignored at the every level of review and revision by decisive authority which is highly objectionable matter of suspect to be enquired by who and when as such and more over it has  become general tendency of the departmental authorities not to exercise its powers and function delivered under section 18 to 20 even though an enquiry may be initiated on the reasonable grounds  of unnecessary delay misleading  the applicants releasing incorrect and incomplete information and access to information with in the time limit specified more so while taking cognisance of wrong interpretation  of provision  made regarding the enquiring into the cases processed by the lower forum of enquiry the act delivers the same powers as are vested in a civil court and trying a suit under the code of civil Procedure-1908 and during the course of enquiries of any complaint  the CIC or the SIC may examine any record to which this Act applies and which is  under the control of public authority and no such record may be with held from it on any grounds however it is regretted to point the action at the levels of SIC and CIC which is clear cut injustice with the Appellant for which separate complaint cell at higher level of the government is necessary or the SIC and CIC may follow revision of such cases processed under the code of Civil Procedure- 1908 failing which there is no implementation of the powers empowered as to function the cases in Appeal as well as penalties and how transparency in administration could be assured and granted when appeals are partly decided  and provision of the code of Civil Procedure -1908 remained silent on the issue and matter  even penalties and power to give notice of its decision including any right of Appeal to the complainant and the public authority  has too been prescribed with the procedure under the Act ibid

REVIEW AND REVISION OF CASES COULD NOT BE DENIED UNDER THE CODE OF CIVIL PROCEDURE -1908 WHERE FOUND NECESSARY UNDER OBSERVATION OF THE RTI ACT ADJUDICATION

In fact application under RTI act -2005 is continuously empowering citizens of the country to take use and exercise of this fundamental right for the interest of individual society as well as circle but it is regretted to point the delay in decision of cases at the levels of PIO and FAA as well as the SIC and CIC even thought time limits are prescribed  for considerations of the held proceedings but these are generally ignored at the every level of review and revision by decisive authority which is highly objectionable matter of suspect to be enquired by who and when as such and more over it has  become general tendency of the departmental authorities not to exercise its powers and function delivered under section 18 to 20 even though an enquiry may be initiated on the reasonable grounds  of unnecessary delay misleading  the applicants releasing incorrect and incomplete information and access to information with in the time limit specified more so while taking cognisance of wrong interpretation  of provision  made regarding the enquiring into the cases processed by the lower forum of enquiry the act delivers the same powers as are vested in a civil court and trying a suit under the code of civil Procedure-1908 and during the course of enquiries of any complaint  the CIC or the SIC may examine any record to which this Act applies and which is  under the control of public authority and no such record may be with held from it on any grounds however it is regretted to point the action at the levels of SIC and CIC which is clear cut injustice with the Appellant for which separate complaint cell at higher level of the government is necessary or the SIC and CIC may follow revision of such cases processed under the code of Civil Procedure- 1908 failing which there is no implementation of the powers empowered as to function the cases in Appeal as well as penalties and how transparency in administration could be assured and granted when appeals are partly decided  and provision of the code of Civil Procedure -1908 remained silent on the issue and matter  even penalties and power to give notice of its decision including any right of Appeal to the complainant and the public authority  has too been prescribed with the procedure under the Act ibid

COMPLAINT CELLS ARE REQUIRED FOR THE PROMOTION OF RTI ACT ADJUDICATION AND GOVERNOR OF THE STATE GOVERNMENTS ARE RESPONSIBLE TO HIGH LIGHT PROBLEMS OF THE CITIZENS DEMANDING FREE AND FAIR JUSTICE

In fact application under RTI act -2005 is continuously empowering citizens of the country to take use and exercise of this fundamental right for the interest of individual society as well as circle but it is regretted to point the delay in decision of cases at the levels of PIO and FAA as well as the SIC and CIC even thought time limits are prescribed  for considerations of the held proceedings but these are generally ignored at the every level of review and revision by decisive authority which is highly objectionable matter of suspect to be enquired by who and when as such and more over it has  become general tendency of the departmental authorities not to exercise its powers and function delivered under section 18 to 20 even though an enquiry may be initiated on the reasonable grounds  of unnecessary delay misleading  the applicants releasing incorrect and incomplete information and access to information with in the time limit specified more so while taking cognisance of wrong interpretation  of provision  made regarding the enquiring into the cases processed by the lower forum of enquiry the act delivers the same powers as are vested in a civil court and trying a suit under the code of civil Procedure-1908 and during the course of enquiries of any complaint  the CIC or the SIC may examine any record to which this Act applies and which is  under the control of public authority and no such record may be with held from it on any grounds however it is regretted to point the action at the levels of SIC and CIC which is clear cut injustice with the Appellant for which separate complaint cell at higher level of the government is necessary or the SIC and CIC may follow revision of such cases processed under the code of Civil Procedure- 1908 failing which there is no implementation of the powers empowered as to function the cases in Appeal as well as penalties and how transparency in administration could be assured and granted when appeals are partly decided  and provision of the code of Civil Procedure -1908 remained silent on the issue and matter  even penalties and power to give notice of its decision including any right of Appeal to the complainant and the public authority  has too been prescribed with the procedure under the Act ibid

IN SUB- RULE (1) AND RULE 1 OF SECTION 15 CLAUSE (i) OF CODE OF CIVIL PROCEDURE ( AMENDMENT) ACT 1999 THE FOLLOWING SUB - RULE SHALL BE SUBSTITUTED

DELIVERY OF SUMMONS REQUIRED TO BE ISSUED TO THE DEFENDANT TO APPEAR AND ANSWER THE CLAIM:--The codal formality of required summons to be issued to the defendant to appear and answer the claim and to file the written statement of defence,if any with in thirty days from the date of service of summons.The service of summons may be made by delivering or transmitting a copy there of by registered post acknowledgement due ,addressed to the defendant or by the speed post or by such courier services as are approved by the High court or by the Court referred to in sub -rule (1) or by any other means of transmission of documents ( including fax message or electronic mail service) provided by the rules made by the High Court.The court may , in addition to the service of summons under rule 9, call for appearance to answer the claim and to file the written statement of his defence.The provisions of rule 16 and 18 shall apply to the summons personally served under this rule as if the person effecting service were a serving officer ,and if such summon has been refused to accept, the court shall reuse the summon to be served by the court in the same manner as a summon to a defendant

CODE OF THE CIVIL PROCEDURE 1908 TOO EMPOWERED TO THE SIC AND CIC TO FOLLOW WITH PROVISION MADE

CODE OF CIVIL PROCEDURE 1908:--An act to consolidate and amend the laws relating to the procedure of the courts of civil judicature.It has been commenced with force on the first day of January,1909 It extend to the whole of India except the state of Nagaland and the tribal areas, provided that the state government concerned may, by notification in the official Gazette, extend the provisions of this code or any of them to the whole or part of the state of Nagaland or such tribal areas, as the case may be, with such supplemental , incidental or consequential modifications as may be specified in the notification.Tribal areas means the territories which, immediately before the 21 January,1972 were included in the tribal areas of Assam as referred to in paragraph 20 of the sixth Schedule to the constitution.Further in relation to the Amindivi Islands,and the east Godavari,West Godavari and Visakhapatnam Agencies in the state of Andhra Pradesh and the Union territory of Lakshadweep,the application of this code shall be without prejudice to the application of any rule or regulation for the time being in force in such Islands , Agencies or such union territories,as the cade may be, releasing to tha application of this code  .CPC is a complete code itself.Once proceedings are initiated thereunder, rights and remedies have to be looked into. All other manners and/ or procedure are impliedly prohibited.In this Act , unless there is anything repugnant in the subject or context Code includes rules .It is particularly mentioned here that the RTI act publications are empowering the code of civil procedure,1908 to SIC and the CIC for use and exercise of the procedure of the courts of civil judicature

EMPOWERMENT UNDER (RTI)

In fact application under RTI act -2005 is continuously empowering citizens of the country to take use and exercise of this fundamental right for the interest of individual society as well as circle but it is regretted to point the delay in decision of cases at the levels of PIO and FAA as well as the SIC and CIC even thought time limits are prescribed  for considerations of the held proceedings but these are generally ignored at the every level of review and revision by decisive authority which is highly objectionable matter of suspect to be enquired by who and when as such and more over it has  become general tendency of the departmental authorities not to exercise its powers and function delivered under section 18 to 20 even though an enquiry may be initiated on the reasonable grounds  of unnecessary delay misleading  the applicants releasing incorrect and incomplete information and access to information with in the time limit specified more so while taking cognisance of wrong interpretation  of provision  made regarding the enquiring into the cases processed by the lower forum of enquiry the act delivers the same powers as are vested in a civil court and trying a suit under the code of civil Procedure-1908 and during the course of enquiries of any complaint  the CIC or the SIC may examine any record to which this Act applies and which is  under the control of public authority and no such record may be with held from it on any grounds however it is regretted to point the action at the levels of SIC and CIC which is clear cut injustice with the Appellant for which separate complaint cell at higher level of the government is necessary or the SIC and CIC may follow revision of such cases processed under the code of Civil Procedure- 1908 failing which there is no implementation of the powers empowered as to function the cases in Appeal as well as penalties and how transparency in administration could be assured and granted when appeals are partly decided  and provision of the code of Civil Procedure -1908 remained silent on the issue and matter  even penalties and power to give notice of its decision including any right of Appeal to the complainant and the public authority  has too been prescribed with the procedure under the Act ibid

Recommendation of the disciplinary action against PIO by SIC

Rules are empowered with application and performance by change of position and state as well as status of duty and eligibility entertained by the held proceedings so position for review and revision of any  arrest or offence is open before the competent office and authority or the court of law  to verify the facts and decide matter afresh in accordance with the  latest position and explanation by the evidence or proof or confirmation by the department concerned as RTI Act -2005 is also explaining such complaints as well as Appeals in favour of the citizens of country to rethink the position of previous perusal of the records and orders so issued by the PIO or FAA or by the CIC or SIC and which could not be ignored by the court of law in view to the process of enquiries so conducted in this behalf by the forum of enquiry.
Further it is submitted in the matter that the CIC and the SIC while taking cognisance of the case enquiring into the any matter have the same powers as are vested in a civil court while taking cognisance of the matter and trying a suit under the code of civil procedure 1908 in respect of the following matters Summoning  and enforcing the attendance inspection of the documents and discovery receiving evidence on the affidavits and requisitioning any public record from any office  and any other matter which is prescribed by the section  related to code of civil procedure -1908 may be examined during the enquiry of any complaint under this act and no record may be with held from its proceedings on any ground  and it shall also recommend for disciplinary action against the PIO under sub section (1) of section 7 if misleading the information or destroying the subject of the request or knowingly given the incorrect or incomplete information is finding of the  CIC or SIC however it is regretted to point the any such action.