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Fine by information commissioner


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Sundeep Nigam

Can information commissioner fine PIO in second appeal when first appellant authority has accepted the point of view of rejection of any appeal of PIO or he should order PIO to provide information  if he think so ? What is the legal position

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Prasad GLN

According to the present court judgments, the citizen is having right only for information and other remedies are at the discretion of IC.  Generally FAA most of the times agree with PIO point of view as both belong to same authority.  FAA can order for providing of information in his speaking order.  As both designated officials belong to one authority, the second appeal is the remedy for a honest verdict for information.   For imposing penalty and recommendation of disciplinary action, appellants should establish such deliberate, repeated and malafide denials, and only on rarest of the rare occasions, IC may consider imposing such fine, after issuing a show cause notice.

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Sundeep Nigam

I was seeing a video of direct telecast of information commissioner of Madhya Pradesh.Where PIO  of police department rejected a information wrongly under sec 6. Information was regarding FIR copies of some unrelated criminal case.First appeal was also rejected. In second appeal  PIO responded " he will follow the directions of information commissioner". But IC said "you will be fined"  he issued noticed to PIO .This proceedingwas live.

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