INCOMPLETE INFORMATION MUST BE BROUGHT TO THE NOTICE OF CENTRAL INFORMATION COMMISSION, WHERE A THIRD PARTY IS. WORKING FOR THE TRADE OR BUSINESS DISCLOSURE

Right to information Act, 2005 provides that a person can make a complaint or an Appeal to the Central Information Commission or the State Information Commission, as the case may be, in the circumstances as provided in the Act and that the concerned Commission may take action on the complaint or Appeal in accordance with the provisions of the Act ibid. (2) It has also been observed that the Central Information Commission and some state Information Commissions are taking decisions on the complaints and Appeals by constituting benches and the said issue and matter has too been examined in consultation with the Department of Legal Affairs, who have pointed out that the Central information commission or the State information commission as the Case may be could function through Beaches only if there was a specific provision in the Act regarding Constitution of Benches. That Department has further opined that provisions of Section 12(4) of the RTI Act does not empower the Chief Information commission to constitute the Benches. (3) In view of this legal position, it is advised that decisions on the complaints and Appeals should be taken by the Central information commission, as defined in Section 2(b) of the RTI Act, 2005 and not by the benches of the Commission. The Government of India's decision may be followed in the case under law code manual prefixed by the First Appeal in the case and in accordingly all the points related to incomplete information and wrong assessment of case may be brought to the notice of the Central information commission for complete information and timely action in the required information of appellant demanding his genuine claims from the department and having eligible for the age group of above seventy five years of the seniority for payments already released by the department in the pattern standard of eligibility however now denying the same to appellant on the third party decision of a Doctor, which is not genuine and the guiding principle in such cases is that, except in the case of trade or commercial secrets protected by law, disclosure may be allowed, if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party . As such the request of the appellant could not be ignored by the third party where information found necessary by the appellant under the RTI Act and that he intends to disclose the information and the third party is bound to follow Section 19 of the RTI act, 2005 however the information could not be disclosed till the appeal is decided by the Information Commission, as third party is responsible to prefer a second Appeal:--Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal Pradesh phone number 9459334377 (Shri Aggarwal Banaras, (UP)

BRIEF DESCRIPTION MADE UNDER LAW CODE MANUAL OF SECTION 18 AND 19 OF THE RTI ACT ADJUDICATION

Under section 18 of the RTI act publications the RTI applicant have been empowered to register a Complaint before the SIC or CIC for which the sub section (1) has described the various issues related as to the enquiries under section 18 and the honourable SIC or CIC has been fully empowered under the civil procedure code of 1908 to decide issue and matter as per the schedule under court of law and rules.Under section 19 (1) PIO is responsible to supply informations with in a period of 30 days and if the PIO failed to do so and rejects the submission of Applicant and the Applicant is not satisfied with the information supplied by the PIO he may file Appeal before the FAA and under sub section (2) appellant may file Appeal against the any order with in a period of 30 days .The second Appeal may be filed before the SIC or CIC with in a period of 90 days against the orders passed by the FAA .The SIC or CIC have been empowered under the law code manual of RTI act publications to issue following directives to the public authorities which includes mainly to supply the complete information, appointment of the PIO and the APIO , regarding to issue necessary information under section 6(1) and 6(3) as per categorisation required by the Applicant , arrangements for the documents procurement in good condition and position and the Commissions may also direct to the FAA regarding to give necessary training of skilled observations to the staff and officers of the department if found necessary. The commission's may also ask the Public authorities to furnish annual reports of the RTI applications and Appeal filed under the RTI act publications , however it is a matter of fact and concern that Commissions are taking no suo motu cognisance of the annual reporting required to promote the RTI act 2005 which is very serious concern and the government is responsible to issue necessary directions to the Commissions and the SIC regarding to follow the instructions of the RTI act publications and report compliance with in the law code manual of the delivered proceedings time to time issued by the competent higher authority for required Administrative reforms and the empowerment delivered to the citizens of country