When FAA's orders are not complied with

[ganpat1956]

What is the recourse when the orders of FAA are not complied with by the PIO?

Here is a recent decision by the CIC on this subject.

Since this is a question of compliance of the orders of the first Appellate Authority and since it is the responsibility of the First Appellate Authority to ensure that the orders passed by it are duly complied with by the PIO, the Commission, therefore, has decided to remand the case back to the first Appellate Authority to ensure that its orders under section 19(1) are duly complied with and the requested information furnished in terms of the order so passed, with the qualification that now, in accordance with Sec 7(6) of the RTI Act, 2005, if any further information is required to be provided, no fees will be charged.

If the compliance is not ensured within 15 days from the date of receipt of this order, the FAA should approach this Commission for initiation of proceedings under section 20 of the RTI Act for imposition of penalty and/or recommending appropriate disciplinary action. This will be without prejudice to the right of the First AA to initiate other penal action under the Indian Penal Code if any found needed, against the PIO for willful violation of lawful orders promulgated by a public servant while exercising statutory powers.

Decision No. CIC/WB/A/2007/00026 dated 05/11/2007 on Appeal from Shri N.C. Bakshi Vs Deputy Commissioner (DC) (Excise), Dep’t. of Entertainment Tax

[colnrkurup]

Who is hood-winking who ? I just cannot visualise a cituation where a PIO refucing his superior officer acting as AA unless the AA is also party to the denial. What stop the AA from initiating discipliniary proceedings against his subordinate who refuce to obey him ? He does not need sanction from CIC for that.

[vashisthvivek]

Yes, very true. Although the first AA cannot impose penalty under the RTI Act, but he can taken action against his sub-ordinate under various rules. He may call for his explanation and also initiate proceedings to impose a penalty. However, the appellant should bring it to the knowledge of the AA, that his orders have not been complied with.