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trueblue

Disciplinary proceedings against PIO: Can CIC recommend?

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trueblue

I have a question:

Is the Information Commission competent to recommend disciplinary proceedings against defaulting officer in all cases where it imposes penality?

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Shrawan

No. It is only in cases of repleated defaults, the Information commission is competent to recommend disciplinary proceedings against Public Information Officer.

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parsar

Yes, u/s 20(2) the CIC/SIC is competent to recommend for the disciplinary action.

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Prasad GLN

It is only in advisory capacity, and it depends on circumstances and it is not a compulsion on the authorities to implement. Though transfer is not a punishment, just by transferring the officer either from the dept., or from that office, authorities present an eye wash. When ICS' themselves rarely penalise erring PIOs, we can not expect such exemplary punishment to PIO from his own authorities, as without involvement and advance guidance, PIOs rarely proceed in RTI matters.

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G.R.Vidyaranya

I think that IC is authorised to recommend disciplinary proceeding against both PIO and AA.

 

In F.No.CIC/AT/A/2007/01502 Dated, the 30th May, 2008 CIC had ruled that:

(iii) notice may be issued to the AA, Shri B.Manivannan to explain why he did not sign the decision taken by him in the first-appeal of the complainant in spite of the fact that he was discharging a statutory duty (Section 19(1)), which could not be delegated to others. He should show cause as to why disciplinary action should not be taken against him.

(iv) Show-cause notices (Section 19(8)(b)) be issued to the head of the public authority, viz. Chairman & Managing Director, Life Insurance Corporation of India and the Appellate Authority as to why a compensation of Rs.50,000/- (Rupees fifty thousand) only may not be awarded to the complainant for the harassment and detriment suffered by the complainant due to

a) non-serious disposal of the appellant’s RTI-application through giving evasive and misleading response, and

b) delayed response by the AA.

 

But of course, it is rarely done unless the IC is committed to RTI Act.

 

In one of my cases, where the PIO has disobeyed the AAs order and failed to provide me information, I am asking the IC to recommend (to the PA) to take action against PIO under relevant sections of IPC for disobeying order of senior officer but I am keeping my fingers crossed.

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sharmajee

Please find judgement of High Court Karnataka, saying SIC has enough penal powers, to deal with contepmt cases....

 

Refer Para 9 of decision..

 

In our view, when the subordinate court itself has been sufficiently empowered to deal with the situation, where there is disobedience or breach of the injunction order granted by it, the same forum should be approached for relief and to see that its orders are honoured and given effect to rather than seeking punishment under section 123 of the Act.

HC-SIC has enough powers under Sec 20 to deal with contempt cases.pdf

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karira

 

In F.No.CIC/AT/A/2007/01502 Dated, the 30th May, 2008 CIC had ruled that:

(iii) notice may be issued to the AA, Shri B.Manivannan to explain why he did not sign the decision taken by him in the first-appeal of the complainant in spite of the fact that he was discharging a statutory duty (Section 19(1)), which could not be delegated to others. He should show cause as to why disciplinary action should not be taken against him.

(iv) Show-cause notices (Section 19(8)(b)) be issued to the head of the public authority, viz. Chairman & Managing Director, Life Insurance Corporation of India and the Appellate Authority as to why a compensation of Rs.50,000/- (Rupees fifty thousand) only may not be awarded to the complainant for the harassment and detriment suffered by the complainant due to

a) non-serious disposal of the appellant’s RTI-application through giving evasive and misleading response, and

b) delayed response by the AA.

 

That order of the CIC was partly quashed by the High Court and the comments against the FAA were withdrawn:

 

http://www.rtiindia.org/forum/113332-cic-recommends-disciplinary-action-under-sec-20-2-against-faa.html'>http://www.rtiindia.org/forum/113332-cic-recommends-disciplinary-action-under-sec-20-2-against-faa.html

 

- - - Updated - - -

 

 

In F.No.CIC/AT/A/2007/01502 Dated, the 30th May, 2008 CIC had ruled that:

(iii) notice may be issued to the AA, Shri B.Manivannan to explain why he did not sign the decision taken by him in the first-appeal of the complainant in spite of the fact that he was discharging a statutory duty (Section 19(1)), which could not be delegated to others. He should show cause as to why disciplinary action should not be taken against him.

(iv) Show-cause notices (Section 19(8)(b)) be issued to the head of the public authority, viz. Chairman & Managing Director, Life Insurance Corporation of India and the Appellate Authority as to why a compensation of Rs.50,000/- (Rupees fifty thousand) only may not be awarded to the complainant for the harassment and detriment suffered by the complainant due to

a) non-serious disposal of the appellant’s RTI-application through giving evasive and misleading response, and

b) delayed response by the AA.

 

That order of the CIC was partly quashed by the High Court and the comments against the FAA were withdrawn:

 

http://www.rtiindia.org/forum/113332-cic-recommends-disciplinary-action-under-sec-20-2-against-faa.html

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G.R.Vidyaranya

Thanks for the information Karira ji.

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