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Compensation for delay in disposal of first appeal upheld by High Court


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koteswararaonerella

It is very useful judgement JPS ji as all along we were under the impression that the PIO/CPIO only can be ordered to pay PENALTY and the FAA if found fault the CIC will recommend for disciplinary action against him.This is clarifying my doubt.

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Prasad GLN

The powers of HC are different with the vested powers of CIC under RTI Act.

Perceptions of Judges are different and each HC may decide the case differently, and Delhi HC judgment is fit to be challenged as FAA's have any role to play in their decisions under RTI Act.

In famous LIC LIFT Case of Chennai, CIC was ordered to withdraw their comments on FAA.

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koteswararaonerella

When the HC passes ceratin judgement relating to any particular matter, its decision is LAW till it is cancelled/modified by higher courts and as of now that was rthe decision of Delhi HC of a particular case which the FAA is to obey or challenge in Higher Court.

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jps50

Just enclosing or quoting this judgement will be sufficient to sensitize FAA, unless he is well connected and adamant against transparency.

 

In this case, CIC or HC has not touched FAA. CIC was within its powers to order compensation for delay. Compensation is to be paid by public authority. However, in most cases specially banks, when such loss is caused to organisation/govt, disciplinary action is initiated under service rules and disciplinary authority can order recovery from FAA, in addition to censure etc.

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Prasad GLN

Now is it clear Koteswara Rao garu, no one can touch FAA under RTI Act. It is different if it is their own organisation under their own procedures.

Further SC judgment says that statute is statute, and because one judge has taken a stand and interpreted law in a particular manner, it can not be treated as a statutory law and binding on further decisions on the same issue.

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koteswararaonerella

The issue is between TWO PARTIES and the petiton was before the HC or SC as the case may be who pass certain judgement which will APPLY to only that case and to that parties and CANNOT GO INTO STATUTE BOOK STRAIGHT AWAY..I have clearly stated that it will be law till challenged/cancelled /Modified by HIGHER COURTS.etc.,KoteswaraRao made comments and it was posted by JPS and not by myself,Prasad GARU.

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Prasad GLN

With due respects, Koteswara Rao garu, please read your post No.2 wherein you have learnt from that decision that FAA can also be fined.

Hon JPS 50 has clearly stated in para no.2 that in this case CIC or HC has not touched FAA"

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koteswararaonerella

Please read para 1 which says that for the delay in APPEAL disposal has RESULTED IN IMPOSING FINE of Rs.5000/- which was challenged by the Union of India which was DISMISSED. Since it relates to APPEAL i WAS OF THE OPINION THAT THE FINE IS AGAINST FAA

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