A copy of such CIC-directions can also be sent to concerned first Appellate Authority to ensure for compliance. File at the Commission should be closed only if the Commission gets satisfied that PIO has responded to the petitioner.
IT IS observed that in a bid for fast disposal of cases, Central Information Commissioners are now-a-days remanding petitions filed direct to the Commission under section 18(1)(c) of Right To India Act back to petitioners with direction to first approach first Appellate Authority.
But section 18(1)(c) clearly stipulates that a petitioner should directly approach the Commission if PIO fails to give any response within stipulated period of 30 days. CIC instead should direct the concerned PIO to respond to the petitioner within some time-bound period with a copy of the response to the Commission. A copy of such CIC-directions can also be sent to concerned first Appellate Authority to ensure for compliance. File at the Commission should be closed only if the Commission gets satisfied that PIO has responded to the petitioner.
Petitions filed under section 18 can automatically reduce drastically if imposition of penalty under section 20 of RTI Act may be made mandatory rather than discretionary. Commissioners may be required to give reasons for waiver of penalty in their orders. Every CIC-order should compulsorily have auto-calculated penalty by mention of dates of filing of RTI petition, receipt of petition by CPIO, filing of first appeal and appeal-order.