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  1. Sir मेरे केस में सूचना कमिश्नर ने pio को 2000 rs मुआवजा देने के साथ जानकारी देने के लिए कहा था । पर pio के द्वारा फिर जानकारी नही दी गई और न ही pio हाजिर हुआ। अब सूचना कमीशन ने pio के विरुद्ध वारंट ईशयु कर दिए । मैं जानना चाहता हूँ कि इस केस में सूचना ने पेनेल्टी नही लगाई और ये वारंट इश्यू का क्या मतलब है । Sent from my Coolpad 8297L-I00 using RTI INDIA mobile app
  2. A contract for beautification of lake for amount of rs 4.5 crore has been given by Vasai Virar municipality but on such a big contract a penalty of rs 100 per day has been set,the contract was to be completed in October 2015 and is not yet complete. I want to know is such a low penalty justified. Also there was a clause no extension of time will be given.the engineer says contract extended on basis of penalty.is there a law for such low penalty not even 1 percent per year Sent from my LS-4505 using RTI INDIA mobile app
  3. Attached is an order of IC (SA) against the CPIO of Delhi University. It is a 31 Page order related to a Show Cause Notice and several hearings conducted in the CIC. Finally the CIC did impose a Penalty. I am not aware whether the penalty was deducted from the then CPIOs salary OR if the decision has been challanged in Court. CIC order imposing penalty of Rs.25,000 on CPIO Delhi University.pdf
  4. I had filed a Complaint under Sec 18 of the RTI Act with the CIC because the CPIO of the CIC refused to abide by the orders of the FAA of CIC to provide me the requested information. The concerned IC has given 7 dates, conducted 5 hearings - over a period of 7 months - and is still not able to decide who is the concerned CPIO to be penalised under Sec 20 of the RTI Act 2005 !! Maybe he is taking so long because it is the CPIO of the Central Information Commission itself (CIC). I am sure matter will have to finally go to court. The interim order after the FIFTH hearing is attached to this post. 7 hearings in CIC to decide Penalty - still no outcome !.pdf
  5. The Punjab & Haryana HC has reiterated that Penalty is a must if there is no reasonable cause for delay: (The full judgment in pdf format is attached to this post) Eventually, when it came down for supply of A-Rolls, the same was denied on the ground that the same had been lost. Thus, it would be apparently clear that there had been blatant violation of the proceedings of the Act. The information has been willfully and deliberately kept back by the respondents. The respondent-Commission erred in not acting upon the notices issued under Section 20(1) of the Act, even though the school had been put to notice that it was violating the provisions of the Act. Resultantly, this Court is of the opinion that the respondent- Prem Sabha High School, Sangrur is liable to pay maximum penalty of Rs.25,000/-, since the Act itself provides that a sum of Rs.250/- is payable for each day's lapse. Reference can also be made to the Division Bench judgment of the Himachal Pradesh High Court in Sanjay 3 of 5 CWP-6419-2013 (O&M) Hindwan Vs. State Information Commission & others 2013 (AIR) H.P. 30, in which, it was held that if information is not supplied within the prescribed time, without reasonable cause, penalty will have to be imposed. Relevant portion of the order reads as under: P&H HC reiterates that penalty must be imposed.PDF
  6. The Rajasthan HC has ruled that imposition of Penalty by the SIC is justified if there is no response to a Show Cause Notice under sec 20 and nor does anyone appear before the Commission: Perusal of the impugned judgment passed by the Information Commission indicates that despite issuance of notice under Section 20(1) of the Right to Information Act, no one was present on behalf of the petitioner before the Information Commission and no reply to that notice was filed by the petitioner. In those circumstances, the Information Commission was left with no other option except to impose penalty upon the petitioner. There is no illegality or infirmity in the order passed by the Information Commission. The full judgment in pdf format is attached to this post. Penalty can only be imposed if there is reasonable cause for delay....pdf Commission can impose penalty if no response to show cause notice.PDF

    penalty is mandatory ?? ? ??

    disciplinary action under Section 20 (2) rti penalty is mandatory ?? ? ??
  8. Two former Public Information Officers (PIOs) under NPWD were penalised with fines by the Nagaland Information Commission (NIC) for delaying information filed by RTI activist S.Lepzung Jamir on October 7,2014. The four RTI queries were-(a) on the number of vacant posts under the entire sections of NPWD (R&B), National Highway (NH) and Mechanical Engineering (ME) for grades I-IV ; (b) number of posts vacant through retirement during 2014-15 in the entire departments for grades I-IV; © funds sanctioned by centre and state for various infrastructural development works from 2013 till date by issuing withdrawal certificates received from Civil Deposit (CD); details of funds released to the districts and receipts from contractors/local persons and district-wise Utilization Certificate (UC) and (d) total amount of unspent balance in the department under various sections from 2013 till date. Read more at: 2 PIOs penalised as per RTI Act : Nagaland Post News
  9. The Karnataka Information Commission (KIC) has imposed a penalty of Rs. 6,000 on Rajashekkar Doddamani, Project Director and Public Information Officer of the Nirmiti Kendra in Kalaburagi for his failure to provide information sought under the Right to Information Act. State Information Commissioner M.R. Pujar took serious exception to Mr. Doddamani’s failure and gave him an opportunity to file a written explanation within 15 days to the commission, for the show cause notice issued against him earlier. Read more at: RTI: official faces penalty - The Hindu
  10. JAIPUR: The Rajasthan Technical University (RTU) has collected a penalty of Rs 30 lakh from 38 affiliated engineering colleges for ignoring the shortage of faculties. The RTU has penalised these colleges with Rs 25,000 for each fake faculty shown by them during the inspection. Strangely, after paying the penalty amount of Rs 25,000, the colleges were allowed to run their session without meeting the required number of faculties. This came to light in response to an RTI application filed by activists Manoj Kamra and Sandeep Gupta. Read at: http://timesofindia.indiatimes.com/home/education/news/Errant-colleges-play-smart-pay-25000-penalty-to-save-lakhs/articleshow/47668761.cms
  11. Srinagar, June 1: The Chief Information Commissioner (CIC) has issued a penalty notice against the Deputy Director (P&S) who is also the Public Information Officer (PIO) at Mission Director ICDS for failing to provide information under Right to Information Act to an applicant. The CIC has also sought an explanation from the Mission Director ICDS as to why compensation may not be provided to he RTI applicant, hailing from Kupwara district of north Kashmir, for making him to wait for months to get simple information under RTI Act. Details available with Early Times reveal that one Farooq Ahmed Lone had filed an RTI application before the PIO Mission Director, ICDS J&K on 11.11.2014 to seek some information about the schemes implemented by ICDS in Kupwara. Under the provisions of section 7 of the J&K RTI Act 2009, a response to the RTI application was to be given as expeditiously as possible as but not later than 30 days. That means the RTI application was to be decided in any case by December, 2014. As Farooq did not receive any response from the PIO, he filed first appeal before First Appellate Authority (FAA)--Mission Director ICDS--on 1.1.2015. Early Times: Leading Newspaper Jammu Kashmir, Latest News about Jammu & Kashmir
  12. Appellant had sought information regarding his complaint petition. During hearing petition submitted that he was provided wrong information and for this small matter he was compelled to approach Delhi HC. CIC directed both PIOs to show cause why maximum penalty should not be imposed on them for not providing correct information and why compensation should not be granted to appellant. CIC_SA_A_2015_000108_M_155368.pdf
  13. [TABLE=width: 1302] [TR] [TD=class: auto-style9][/TD] [/TR] [TR] [TD=class: auto-style26]Denial of Info about Land Rent[/TD] [/TR] [TR] [TD=class: textmain1]Srinagar, May 14: The State Information Commission (SIC) has sought an explanation from the Deputy Commissioner (DC) Kupwara for his utter failure in disposing off a 1st appeal filed under State RTI Act by an appellant from Karnah teshil of Kupwara. The SIC has also put the Tehsidar Karnah on penalty notice for violating the provisions of RTI Act. Details available with Early Times reveal that one Nowshad Ahmad Khan S/O Mohammad Yusuf Khan han a resident of Tangdar, Karnah filed Second Appeal under J&K RTI Act, 2009 before State Information Commission (SIC) on 05.02.2015 submitting that he approached Tehsildar Karnah vide application dated 04.09.2014 to provide record of rent from 2004 to 2014 of land under defense/army occupation at Tangdar under Survey No’s 1790, 1566 and 1566, but Tehsildar Karnah did not provide him information till 24.10,2014. Then on 24.10.2014, he appealed before Deputy Commissioner Kupwara, who has forwarded the same to ADC Kupwara and ADC instead of taking any action against the officer, kept silent over the matter for the reasons best known to him. Read at: Early Times: Leading Newspaper Jammu Kashmir, Latest News about Jammu & Kashmir[/TD] [/TR] [/TABLE]
  14. BHOPAL: State Information Commission has slapped a penalty on an officer for withholding RTI information. Chief information commissioner KD Khan imposed Rs 25,000 penalty on deputy secretary of urban administration development department for not giving RTI information within 30 days. Read at: State info panel imposes Rs 25K penalty on dy secy - The Times of India
  15. Surprisingly, CIC has imposed a penalty on a PIO without even issuing a show cause notice ! http://www.rti.india.gov.in/cic_decisions/CIC_SS_A_2013_002528-YA_T_145105.pdf 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.
  16. karira has just uploaded Delhi HC: Penalty correct but reduced since PIO has taken VRS! The Delhi HC has ruled that the penalty imposed by CIC was correct but at the same time has reduced the penalty amount f
  17. In the last two years, the Karnataka Information Commission (KIC) has imposed a penalty of Rs 1.73 lakh on Bengaluru South Tahsildar Dr Dayanand, revealed a recent RTI reply by the KIC. Read at: In 2 years, Rs 1.7 lakh penalty on B'luru South tahsildar
  18. karira has just uploaded Allahabad HC: No penalty because PIO responded to SIC several times! The Allahabad HC has ruled that SIC should not have imposed penalty without taking into consideration the several letter
  19. Hello, i am a govt employee nd not disclosed it in passport application due to delay in getting NOC.i am charged with penality.wat is d procedure...kindly reply
  20. ITANAGAR, Feb 26 – The Arunachal Pradesh Information Commission has imposed a penalty of Rs 25,000 on JDEE Public Information Officer (PIO), Monya Nyori under section 20(1) of the RTI Act 2005. The penalty was imposed on Nyori for deliberately defying the orders of the Commission to furnish details to one Toko Sera who in an appeal sought information which, was in public domain, an official release said here today. See more at: The Assam Tribune Online
  21. Read at: Hindustan E-paper
  22. jammu, Feb 6: The State Information Commission (SIC) has issued penalty show cause notice against Tehsildar North Jammu as the said officer failed to discharge his duties as Public Information Officer (PIO) while he was posted as Tehsildar Bishnah . The said officer had not provided information about Mutation and copies of Fard e Intikhaab one information seeker who alleges that he was done illegally in favour of his brothers after the death of his father. The information seeker who works with Border Security Force (BSF) finally filed a complaint against the officer before State Information Commission (SIC) who issued penalty notice against the then Tehsildar Bishnah presently posted in tehsil North Jammu. Read at: Info denied under RTI: Penalty notice served to Tehsildar Jammu North - Early Times Newspaper Jammu Kashmir
  23. If in case PIO neither give information nor give any reason (Deemed Denial) for the information asked deliberately then in that case is there penalty clause in RTI act for PIO? One can get information after filing first appeal but when that information does not require first appeal at all and such information had already been provided in past without any first appeal.
  24. 1. The noble act called RTI was enacted by the former UPA Government. It was a great contribution by the former UPA Government to democracy. The present NDA Government is committed to good governance, containing corruption & institution building. But the Central Information Commission is flooded and stagnated with over 36,000 matters in the form of appeals and complaints. Why? 2. Had the First Appellate Authority decided the matter on merits and disposed the first appeal with fairness and justice, there would have been no need for the appellant / complainant to take the matter to Central Information Commission to flood the said commission with many simple matters that must have been disposed at the level of First Appellate Authority. 3. Why didn’t First Appellate Authority decide the matter with fairness and justice? There is no legal obligation on First Appellate Authority to dispose the matter with fairness and justice because there is no penal provision in the said act even if he decides the first appeal otherwise. 4. There is penal provision only for Public Information Officer, the subordinate of First Appellate Authority. Administratively the Public Information Officer has to act in obedience to First Appellate Authority, a superior officer. Therefore, virtually the decision of the Public Information Officer is the decision of the First Appellate Authority only. Ipso facto, the First Appellate Authority can’t decide against that decision of the Public Information Officer, which is challenged by the appellant, actually because of conflict of interest and moreover it was simply because the First Appellate Authority has to pass an order against his own virtual decision and stand defeated in the eye of the Public Information Officer later in the event of disposal of first appeal with fairness and justice. 5. However, there are many First Appellate Authorities who pass reasoned, speaking order with fairness and justice notwithstanding the decision of the Public Information Officer. Treating fair & just First Appellate Authorities equally with unfair & unjust First Appellate Authorities is not good governance. 6. Hence, the law has to make course corrections by changing the worst things best to prevent continued and compounding accumulation of Second Appeals and Complaints in Hon’ble Central Information Commission. Had the First Appellate Authorities rendered justice fairly and squarely, the present unfortunate condition of the Hon’ble Central Information Commission would not have come. 7. It is also embarrassing for the Hon’ble Central Information Commission because it can’t dispose matters in time but has to penalize officers below for not disposing matters timely, fairly and justly. This poor indicator of democracy needs to be improved by the present Government sensitive to people-centered growth and development. 8. It is also unfair to punish the lower level officers only for the decisions of the public authorities, which are managed, supervised and controlled by superior officers, the First Appellate Authorities, who are spared unfairly and unjustly because of the said loophole in the RTI Act, 2005, that burdens the said Hon’ble Central Information Commission. 9. Today the RTI Act, 2005, has come to a standstill at its highest temple of justice. Any good Government will take cognizance of this injury to democracy and will contribute to such institution building, responsive to pleadings of citizens of this nation. 10. Therefore, on 16-01-2015, I submitted a representation to Hon’ble Prime Minister, Hon’ble Law Minister, Hon’ble Minister for Personnel, requesting them to arrange for bringing in amendments to RTI Act, 2005, enacting penal provisions for First Appellate Authority. My representation is attached herewith for your kind perusal, please. 11. If the readers of this thread in this forum feel that I have liberty to request them, they need to do the needful in the form of similar representations, signature campaigns, coordinated demonstrations, and other forms of expression of interests in this matter seeking amendments to RTI Act, 2005, to enact penal provisions to First Appellate Authority to save the institution called Central Information Commission and of course the ​information democracy. Thanking you and this forum....​ RELATED THREADS IN THIS FORUM Appellate Authority can be recommended for Disciplinary action if he acts like a normal "senior officer" http://www.rtiindia.org/forum/9145-appellate-authority-can-recommended-disciplinary-action-if-2.html Punish FAA http://www.rtiindia.org/forum/5760-punish-faa.html Are there any instances/judgments in which FAA has been punished etc? http://www.rtiindia.org/forum/64931-there-any-instances-judgments-faa-has-been.html Ensuring the integrity / accountability of First appeals http://www.rtiindia.org/forum/128558-ensuring-integrity-accountability-first-appeals.html REPRESENTATION TO UNION MINISTERS - AMENDMENT SEEKING PENALTY FOR FAA IN RTI ACT- 16-01-2015..pdf
  25. karira has just uploaded Not job of the Commission to ensure recovery of penalties imposed! The Patna High Court has ruled that it is not part of the duty of the Commission to ensure that penalty imposed by it is
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