Thread: Are the Group C clerk responsible if RTI application got delayed at PIO office.
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Old 09-30-2006, 12:24 AM
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Name: Kushal Pathak

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Yes they can be penalized. Here is the abstract quoted from the recent decision of CIC:

Quote:
Whereas under Section 5(5), an officer does not himself have to be designated as a PIO/APIO to be liable for penalty for contravention of the provisions of this Act, officials functioning even at the clerical level and above category of Class-IV will be deemed to be “officers” in the application of this Act. In the normal course, therefore, they would be liable to penalty under Section 5(5) if their assistance had been sought under Section 5(4) of the Act. In this case, therefore, as already held, they cannot plead exemption from application of this provision.
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