Many members and guests on the forum have faced a situation where the
PIO does not comply with or implement the orders of the First AA.
In a recent decision, the
CIC has dealt with this matter in a very clear manner and decided:
We find that the orders of Shri Satya Gopal, Appellate Authority and
Registrar, Cooperative Societies are comprehensive and address all issues
raised by appellant Shri Nagar, including the issue of penalty where he has found
PIO clearly at fault. However, it seems that these orders have not been
complied with.
From the facts above, it appears that this is a case of malafide denial of
Information by the Pio . However 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 Shri
Satya Gopal, Registrar, Cooperative Societies and first Appellate Authority
to ensure that his 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(9) of the RTI Act, 2005, 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 against the
Pio for willful violation of lawful orders promulgated by a public servant while
exercising statutory powers.
The full decision can be viewed at:
http://cic.gov.in/CIC-Orders/Decision_06082007_01.pdf
What is surprising is the last para (in red) above.
Do you think that any section of IPC can be used by the AA against the PiO ? Will he do something like this against a subordinate officer ?