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  1. CIC has said that several opportunities cannot be provided to the PIO if he fails to appear for providing reasonalble cause before imposition of penalty. In this case CIC also ordered deduction of penalty of Rs 25,000 from the pension of the PIO since he had already retired from service. CPIO has been provided with more than one opportunity to provide explanation before the Commission before imposition of penalty for not having provided information to the appellant for more than 16 months from the date of his RTI application which is 24June 2010. Delay is by 471 days. Accordingly Commission imposes a penalty of Rs. 25,000 on the CPIO which will be deducted from his pension. 3. The Vice Chairman, DDA is directed to recover the amount of Rs. 25,000/* from the Pension of Shri Anil Wasan and remit the same by a demand draft or a Banker’s cheque in the name of the Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Director and Joint Registrar of the Central Information Commission, 2 nd. Floor, August Kranti Bhawan, New Delhi*110066. The amount may be deducted at the rate of Rs. 5000/* per month every month from the Pension of Shri Anil Wasan and remitted by the 10 th of every month starting from June 2012 in accordance with Rule 9(8) of CCS(Pension) Rules, 1972. The total amount of Rs. 25,000/* will be remitted by 10th of November,2012. ​Full order is attached to this post Several opportunities cannot be provide to PIO before imposing penalty.pdf
  2. Section 20(1) mandates imposition of penalty on the Public Information Officer. What happens when PIO retires from service during pendency of the Second Appeal/ Complaint? Section 20. (1) "Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. "
  3. As reported by Jasneet Bindra at indianexpress.com on Feb 4, 2010 Chandigarh : Public information officers, who are nearing retirement and think that they can escape penalty after superannuation, should think again. Punjab State Information Commissioner Darbara Singh Kahlon has imposed a fine of Rs 10,000 on a retired Fazilka BDPO for causing delay in furnishing information sought by RTI applicant Vijay Kumar Handa of Fazilka in Ferozepur district. Incumbent BDPO Puran Chand has been directed to deduct the fine from the retiral benefits of Saroj Rani in two installments and deposit it in the state treasury and present the receipts to the commission. The SIC has also imposed a penalty of Rs 5,000 each on Social Education and Panchayat Officer (SEPO) Natha Singh and Ganjuana Panchayat Secretary Upinder Kumar. Directing the block development and panchayat office to pay a compensation of Rs 4,000 to Handa, Kahlon said the amount should be drawn from the panchayat samiti fund. ‘Ensure security to RTI activist’ The state home department has asked the DGP to ensure security to Amritsar-based RTI activist Harjit Singh, said HC Arora, state coordinator of the National Federation of RTI activists. Harjit had alleged in his complaint that he faces threat to his life from certain persons, who illegally owned properties, and he had filed an RTI application for getting information about their ownership. Source: RTI: Ex-BDPO fined, amount to be deducted from retirement benefits
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