By 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?
A perusal of Section 20 of the Act shows that it makes a provision to impose penalty either on Central Public Information Officer or the State Public Information Officer. However, there is no provision to initiate a departmental inquiry against the First Appellate Authority as per the Section 20 of the Act.