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Old 11-27-2006, 01:12 PM
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Both the decision are correct. The question which was answered by the State Information Commissioner As to who has the power to impose penalty not on whom penalty can be imposed.

CIC says for a fault of CPIO subordiante officer can be penalised. Which is illustrated here
http://www.rtiindia.org/forum/132-post5.html

Where as who has power to impose penalty is clearly stated in
Section 19

Subsection
(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to—
(a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including—
(i)

by providing access to information, if so requested, in a particular form;
(ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
(iii) by publishing certain information or categories of information;
(iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
(v) by enhancing the provision of training on the right to information for its officials;
(vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;
(b)

require the public authority to compensate the complainant for any loss or other detriment suffered;
(c) impose any of the penalties provided under this Act;



The officer hearing first appeal has no power to impose penalty.
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