Action Agains First Appellate Authority under Section 20(2) of RTI Act, 2005

[sabharwal786 295]

STATE INFORMATION COMMISSION PUNJAB

 

 

SCO No. 84-85, SECTOR-17-C,CHANDIGARH.

 

 

(

www.infocommpunjab.com)

 

 

 

Shri Rohit Sabharwal,

Kundan Bhawan,

126, Model Gram, Ludhiana. ….Appellant

 

Vs

 

Public Information Officer,

O/o Municipal Corporation Ludhiana.

 

Respondent

 

 

 

 

AC-410/2009(earlier CC- 940 /2009)

 

 

 

 

Present: Shri Rohit Sabharwal, Appellant in personandShri Saurabh Gupta, Advocate, on behalf of the Appellant

 

Shri Vinod Sharda, Assistant Commissioner-cum-PIO and Shri Harish Bhagat Legal Assistant-cum-Nodal APIO, on behalf of the Respondent.

 

 

ORDER

 

1. The case was last heard on 23.06.2009 when Shri Vinod Sharda, Assistant Commissioner-cum-PIO was issued show cause notice for imposing penalty upon him for the delay in the supply of information and for awarding compensation to the Appellant for the loss and detriment suffered by him.

 

2. Shri Vinod Sharda places on record an affidavit dated 7.7.2009 explaining reasons for delay alongwith orders of the Commissioner, Municipal Corporation, Ludhiana appointing him as PIO. One copy is handed over to the Appellant in the Court today in our presence.

 

3. The Respondent hands over requisite information running into 299

sheets to the Appellant in the court today in our presence. The Appellant states

that he wants time to study the information. He further states that action may be

taken against the PIO for the delay in the supply of information.

 

4. Shri Vinod Sharda states that he was appointed as PIO on 18.5.2009 and prior to his appointment Shri K. S. Kahlon and Shri Devinder Singh, PCS were the PIOs. Accordingly, Shri Sharda is directed to supply a list of PIOs during the period in question so that responsibility could be fixed and necessary action could be taken against the concerned PIO for the delay in the supply of information.

 

5. The Appellant informs the Commission that First Appellate Authority did not take any action on the first appeal filed by him and requests that action under Section 20(2) of RTI Act, 2005 may be taken against the First Appellate Authority.

 

6. Accordingly, Principal Secretary Local Government may take necessary action against Shri G. S. Ghuman, PCS, Commissioner, Municipal Corporation, Ludhiana for not deciding the first appeal filed by the Appellant on 7.3.2009.

 

7. The case is adjourned and fixed for further hearing on 06.08.2009.

 

 

8. Copies of the order be sent to both the parties, Principal Secretary, Local Government, Punjab and Shri G. S. Ghuman, PCS, Commissioner, Municipal Corporation, Ludhiana.

 

Sd/-

Surinder Singh

State Information Commissioner

 

 

Sd/-

Darbara Singh Kahlon

State Information Commissioner

 

Place: Chandigarh Dated: 07. 07. 2009

 

 

CC: 1. Principal Secretary Local Government Punjab,

Mini Secretariat Punjab, Sector:9, Chandigarh.

 

2. Shri G. S. Ghuman, PCS,

Commissioner, Municipal Corporation, Ludhiana.

Action Against First Appellate Authority.doc

[Dr.S.ANANDKUMAR 19]

I was in need of such an order directing action on First Appellate Authority. Please, share some more is you have possess.

[Prasad GLN 1,761]

Doctor,

Do not be mislead by all this farce. IC may make a recommendation for disciplinary action, but in not even one case disciplinary proceedings were initiated against even PIO, forget about FAA. There is no follow up system at Information Commissions, to know as to PA has taken action or PIO has paid penalty or not. Even reprimand is a punishment. But PAs will not even do that. Some ICs to satisfy appellant (particularly when represented by well known activists or advocates) make such remarks as eyewash. (The post referred by you is four years old, and Madras High Court in a well known judgment "LIC lift" has made CIC expunge the remarks against FAA in the decision stating that it is ultravires.)

[harinder dhingra 85]

I was in need of such an order directing action on First Appellate Authority. Please, share some more is you have possess.

 

Learned Dr S Anandkumar Sir,

 

Find below an order passed by Hon'ble SA against the FAA under Section 20 of RTI Act 2005.

 

hd

 

CIC_SA_C_2014_000314_M_146276.pdf

[karira 5,896]

Under the RTI Act, no action can be taken against the FAA.

[Dr.S.ANANDKUMAR 19]

Mr.Prasad wrote, "Madras High Court in a well known judgment "LIC lift" has made CIC expunge the remarks against FAA in the decision stating that it is ultra vires."

Sir, could your good self manage to share that High Court Order, please. I need it for purpose of a campaign.

[Dr.S.ANANDKUMAR 19]

[QUOTD G.L.N. Prasad]

"There is no follow up system at Information Commissions, to know as to PA has taken action or PIO has paid penalty or not. Even reprimand is a punishment. But PAs will not even do that. "

 

I feel it is the responsibility of the complainant to see the execution of direction passed by the CIC. The CIC has contempt powers. It is for the complainant to move the CIC again by a contempt application for not executing the penalties awarded. It is true that the system has become immune. No one bothers for penalties and disciplinary proceedings. Every one is hand-in-glove. Of course, there are many PIOs and FAAs who are honest. The information we demand are like putting the knife on their throat. If they disclose, they are caught. If they didn't disclose we are caught between the long struggle and sacrifices. We have to observe perseverance than petitioning only. This is my feel.

[karira 5,896]

Mr.Prasad wrote, "Madras High Court in a well known judgment "LIC lift" has made CIC expunge the remarks against FAA in the decision stating that it is ultra vires."

Sir, could your good self manage to share that High Court Order, please. I need it for purpose of a campaign.

 

 

It is attached to post No. 10 in this thread:

 

http://www.rtiindia.org/forum/9145-appellate-authority-can-recommended-disciplinary-action-if.html

 

http://www.rtiindia.org/forum/9145-appellate-authority-can-recommended-disciplinary-action-if-post75531.html#post75531

[Dr.S.ANANDKUMAR 19]

[Thank you Mr.Harinder for your nice contribution...........

[harinder dhingra 85]

Welcome Sir,

 

hd