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nk agarwal

Challenging SIC order of Penalty

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nk agarwal

State Information Commission ordered Penalty of Rs 15,000/- on PIO in the year 2009 with directions to PA for deductions.

To my surprise, on enquiry from SIC office it is learnt that no penalty has been paid but, the PIO has submitted a letter of compliance.

On repeatedly pursuing with SIC, I have been informed that perhaps, the PIO has filed an appeal with High Court and obtained stay order etc.

My query is that - (1) Can the PIO/PA file an appeal/ challenge the SIC order without making the appellant a party in the appeal before the HC?

(2) Can the PIO/PA file a compliance report to SIC and at the same time challenge its order in HC?

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avinash_hyd007

Approaching Hon'ble Court of Law is everybody's right, depending on their respective grievance. However, as an applicant in RTI case, you are the respondent, and the case in Hon'ble Court of Law, the SIC is the respondent and you can seek further justice from SIC only in this case and not any justice from High Court.

As per my knowledge....

Sent from my CPH1701 using RTI INDIA mobile app

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nk agarwal

My query is - Can the PIO/PA file an appeal/challenge the SIC order at the back of  the appellant on whose appeal the SIC passed the order that the PIO has challenged.

(Usually, SIC or that matter any court of law is not made a party when its order is challenged at a higher court).

 

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Prasad GLN

The appellant's right is only to get information and levy of penalty and recovery is left in between IC and public authority, applicant has no say in the matter.

If he goes for appeal, it should be on proper grounds, appellant may not be concerned with that issue.

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nk agarwal

May be the appellant has no right to know from SIC if the order passed by it has been complied and my query is not concerned with it.

All I want to know is can the PIO/PA challenge SIC order on penalty at a higher court of law at the back of the appellant?

I am not questioning his  right to challenge but, whether he can go for the appeal without making the appellant a party?

 

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Prasad GLN

Suur,

 My reply is just two sentences and the second half of first sentence is the opinion given basing on Delhi HC Judgment, reproduced for clarity

This is your query: All I want to know is can the PIO/PA challenge SIC order on penalty at a higher court of law at the back of the appellant?

This my response:  levy of penalty and recovery is left in between IC and public authority, applicant has no say in the matter.

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nk agarwal

But, now the matter is not before the Information Commission but, before a High Court. - A decision of a lower court is being challenged at the back of the party that was appellant before the lower court to which the order pertains. 

Now, the PIO/PA goes to a  higher court, how this higher court would arrive at a decision without hearing the partys concerned?

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garg0505

As I understand PIO/Public Authority has the right to seek redressal or justice from the higher Court.

The appellant is out, after he gets the information from the public authorities irrespective of intervention of SIC/CIC, the imposing any penalties and implementation of their orders is the subject matter remains in between PIO/Implementation Authority/SIC/CIC.

Really still you want to know further details you are at liberty to file another RTI with the SIC SPIO.

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nk agarwal

Yes, we have a hierarchy of courts of law for redressal of justice.

My query may pl. be seen as follows :

(1) Now, the question is can one party go for an appeal to a higher court at the back of another party? 

(2) Can a party submit a compliance report in a lower court of its order and same time challenge that order in a higher court?

(3) Which provisions of the RTI Act-2005 says that the interests of the appellant ceases after he gets the info and he has no concern on the implementation of the RTI order which specifically penalise the PIO/PA?

As a citizen, my rights on transparent & accountable governance ceases once I get info under RTI Act-2005?

As a citizen here, my point dose not involve in the quantum of penalty or its justification but, on my right of being heard by the higher court of law when the PIO/PA challenges/appeals the order. The big question is Can they do it at my back?- surreptitiously.

 

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nk agarwal
On 7/28/2018 at 2:40 PM, Prasad GLN said:

The appellant's right is only to get information and levy of penalty and recovery is left in between IC and public authority, applicant has no say in the matter.

If he goes for appeal, it should be on proper grounds, appellant may not be concerned with that issue.

This matter has again agitated my mind - How penalty and recovery is left between IC and public authority? - The issue of imposing penalty is an outcome of 2nd appeal/complaint filed by an appellant and if Information Commissioner finds it fit for imposing penalty then how the appellant can be kept at side lines? 

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Prasad GLN

That is the verdict of Delhi HC, if I remember well.

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sppataskar

To hide  facts the Information Commissioner may be not make you party, since the matter is in between Information Commissioner & Public Authority. 

    But since you are interested and want to see that penalty imposed is collected which will serve as an deterrent on other PIOs, you can implead yourself as 3rd party interested in the case by engaging an Advocate.. 

  Of course, till the case is disposed of it will be waste of time and money for you. 

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