Power of First Appeal Authority

[Debashis Basu]

Power of First Appeal Authority to Punish the SPIO /CPIO / ACPIO

Is there any power of First Appeal Authority to punish the SPIO who has not complied with the decision with Appellate Authority ?

The answer is yes.

First Appeal Authority will move before CIC for initiation of proceedings under Section 20 of RTI Act if the SPIO or CPIO or ACPIO has failed to comply with the orders of Appellate Authority within stipulated time frame by the decision of FAA.

This will be without prejudice to the rights of the First Appeal Authority to initiate other penal action under Indian Penal Code against the PIO for willful violation of lawful orders promulgated by a public servant while excercising statutory powers.

For details please refer to :

Appeal no : CIC / WB / A / 2006 / 00848 dated 11.11.06

In Chair : Shri Wajahat Habibulla
Chief Information Officer

Decision Dated : August 16, 2007

[Debashis Basu]

kushal Says:
In most of the cases, the 1st Apellant authority is a senior officer of the PIO, and being the reporting officer has official powers to enforce his orders, in these cases I guess resorting to Section 20 is not required.

[Debashis Basu]

The following paragraph says exactly the order of CIC Dated August 16, 2007 in appeal no CIC/WB/A/2006/00848

QUOTE
First Appeal Authority will move before CIC for initiation of proceedings under Section 20 of RTI Act if the SPIO or CPIO or ACPIO has failed to comply with the orders of Appellate Authority within stipulated time frame by the decision of FAA. This will be without prejudice to the rights of the First Appeal Authority to initiate other penal action under Indian Penal Code against the PIO for willful violation of lawful orders promulgated by a public servant while excercising statutory powers.
UNQUOTE

In my opinion, Appellate Authority must follow CIC guidelines and Law and duty bound to report CIC about the failure of CPIO / ACPIO / SPIO to comply with his decision and simultaneously start departmental proceedings as per law. If we activists push Appellate Authority on this - there will be possibly less number of appeals before CIC and SPIO / CPIO / ACPIO will stop giving evasive answers.

[colnrkurup]

This is another typical redundant orders of CIC. The Appellate Authority does not need CIC's recommendation to initiate action against his junior PIO when he willfully violate or disobeyes the orders of his superior officer.

[Debashis Basu]

I would not like to accept this CIC decision as redundant, only if some examples of departmental disciplinary proceedings against PIO by the order of Appellate Authority are posted here. But there may be many examples where PIO did not comply with Appellate Authority decision.

With the strength of this particular CIC order - RTI Activists can shoot another petition under RTI Act to Appellate Authority by

(1st question) Have you taken up the non-compliance of your decision by PIO with CIC or SIC for imposition of penalty u/s 20 ?

(2nd question) Is their any departmental disciplinary proceedings started against the PIO for not complying your decision on my RTI Application to the PIO concerned ?

Our main aim to extract information by using the RTI Act 2005. At this moment there are minor to major reluctance by Authority to provide any information to general public. Such order will add more teeth to our effort with RTI Act.