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CIC imposing penalty without issuing show cause notice !

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Surprisingly, CIC has imposed a penalty on a PIO without even issuing a show cause notice !





An intimation, that the public authority holds no information on the queries sought by the appellant, was sent to him on 14.11.2014, which shows the lackadaisical approach of the PIO towards the RTI regime; further, he came late for the hearing in the instant case. He failed to clarify why RTI application was transferred to other PIOs and to whom, for that matter. In view of the above, the Commission imposes a penalty of Rs 10,000 (rupees ten thousand only) u/s 20(1) on Shri S.K. Gupta, CPIO/US, M/o Rural Development, for violation of the provisions of the RTI Act, 2005, on more than one occasion. This amount will be deducted from the salary of the Shri S.K. Gupta, CPIO/US, M/o Rural Development, in two equal instalments @ Rs. 5000/- per month starting from January 2015. The total amount of Rs. 10,000/- will be remitted by March 2015. The FAA/Secretary, M/o Rural Development, is directed to recover the amount of Rs. 10,000/- from the salary of Shri S.K. Gupta, CPIO/US, and remit the same through a Demand Draft or a Banker’s Cheque in the name of Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Shri Shanti Priye Beck, Joint Secretary (Admn.), Central Information Commission, Room No. 302, 2nd Floor, August Kranti Bhawan, New Delhi – 110066.

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I think CIC's order is not legal. He should have heard PIO by issuing SCN as per the provisions of section 20(1).

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harinder dhingra

If learned CPIO moves HC, I am hundred per cent certain that it will be QUASHED.



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