Jump to content
nk agarwal

Lesser Penalty by SIC

Recommended Posts

nk agarwal

In one of my recent 2nd Appeal, IC of a SIC imposed a "token" penalty of Rs 2500/-on PIO admitting a delay of more than 100 days; the IC was well aware of different judgements on Penalty by Hon'b'e Apex court and High Courts wherein it is clearly made out that the ICs have to take a decision on   either  penalty or no penalty  but, cannot change the prescribed the rate of penalty. 

IS THIS NOT MAKING A JOKE OUT OF RTI ACT-2005 by SIC

What is the solution before the Appellant now?

Share this post


Link to post
Share on other sites
Prasad GLN

Bring this judgment to the attention of IC  in a polite manner as he may not be knowing this verdict and going on the rigid principle that penalty is at the discretion of IC.  True, a penalty is at the discretion of IC and it is a matter between IC and PIO, but when a competent court has ruled that the statutory stipulations provide no such relaxation/discretion in the amount of penalty, IC might have overstepped.

IC discretion is limited to impose penalty or not, the amount prescribed by statute cannot be waived/relaxed once there is a decision to impose the penalty.

If you have the resources, file a writ before HC if IC fails to implement those earlier precedents.

Share this post


Link to post
Share on other sites
nk agarwal

These judgements are in the knowledge of SIC and the ICs of the SIC; can my polite discussion post delivery of judgement correct the mistake by passing another order?

This is a kind of racket, (1) in most  cases the PIO file an appeal before the HC and obtain stay and post stay the SIC does not do any follow up? (2) In many cases the records maintained by SIC does not show imposition of any penalty on PIO (this is a bigger racket).

 

Share this post


Link to post
Share on other sites
Prasad GLN
Posted (edited)

Let us focus on ground issues without going into rackets.

1.ICs can not review their own decision.

2. Mere appealing to  IC does not harm any interest.  IC can not disclose that he has not imposed a penalty as stipulated in RTI Act even after knowing HC verdict and his defense has to be reduced in writing as a response for further follow up later

Coming to racket technics, many ICs do not impose any penalty at all and maximum they may issue a show cause notice to satisfy the appellant and later close the issue stating that they are satisfied with the explanation of PIO.  If IC imposes a penalty and not recovering means, the compromises may be at a lower level.  I am aware of many instances where appellants have made follow up through RTI applications to IC and seeking information on the date of recovering such penalty and to public authority seeking information on the date of remitting penalty.

In case of HC writs, the prudent way is to wait - for no response to PIO against IC's decision till the appeal limitation is completed, and then follow it up with IC/PIO  on collecting of penalties.

If I remember well there was no follow up with CIC on the recovery of penalty till 2012.  I have also sought information on the laid down norms for follow up of recovery of penalty from PIO and was informed that there was no such procedure.

Again, it is Hon.Karira of this forum that has taken up and they have after follow up- brought a system into existence for such demand, collection mechanism at CIC and how is it implemented is not known.

It is my opinion that if ICs follow such penalty strictly, Information commission becomes a self-financed institution without looking for help from Govt.

Edited by Prasad GLN

Share this post


Link to post
Share on other sites
nk agarwal

Yes, I too did a follow up of recovery of penalty by Uttarakhand Information Commission through use of RTI Application and 1st Appeal and discovered hotch-potch. I found gross errors in the annual report submitted to the State Govt. by UIC and the decisions on penalty.

The 1st Appellate authority admitted treated this as an error to shield UIC.

 

It is not only the Central Govt. that wants to dilute the RTI Act-2005 but, the SICs itself that are diluting the RTI Act-2005 as they know appellants have no resources to challenge their wrong orders in appellate courts.

 

Share this post


Link to post
Share on other sites
Prasad GLN

It is an admitted fact that right from PIO to HC, everyone is trying to dilute the objective of RTI Act and they, in turn, point out the irresponsibility of citizens in exercising their right judiciously.  The blame game continues and as an applicant, we can only focus on information and proceed as per stipulations under RTI Act.

Share this post


Link to post
Share on other sites
nk agarwal

My request to RTI users is, - The  corner stone if RTI Act-2005 is Transparency & Accountability in Governance to weed out Corrupt Practices. As a citizen we, while being as information seeker we should also contribute in efforts to weed out Corrupt Practices too. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Similar Content

    • nk agarwal
      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?
    • karira
      By karira
      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.

Announcements

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy