SIC will have powers of Civil Court definition

**amin4go** · 10-28-2010, 12:25 PM

Dear Sir,

SIC generally have powers of Civil Court i.e
a) summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things

Suppose, if PIO/FAA doesn't attend after summons have been issued to them intentionally, can SIC take legal action against them for not appearing before them using those powers of civil court or they have limited powers? (other than imposing of penalty, order to provide information, recommend for disciplinary action.).

Regards,
Amin

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**jps50** · 10-28-2010, 12:38 PM

Sponsorer

In such a case, Arunachal Pradesh SIC issued a bailable warrant against Director of State Govt who was defying orders of SIC for attendance. Police was advised to arrest the officer and produce him before IC.

**changethechangers** · 10-29-2010, 12:56 AM

The power of the Information Commission to summon and enforce attendance of a person is limited for the purpose of recording oral or written evidence and for production of documents or things. The summoning cannot be for any person. It can be only for the person whose attendance is required for the purpose of giving evidence or for production of documents or things. This is as per Section 18 as also as per observation of Delhi High Court in the famous DDA vs. CIC case.

A PIO is not called to give evidence. He is called to defend himself as the onus to prove that he provided correct and timely information is upon him. If he does not prove it, he liable for penalty as also for departmental action. Decision to defend oneself or not is to be taken by the one who is effected. If a PIO choses not to defend himself and to face the penal action if the Information Commission finds him guilty, how can you compel him to defend himself.

So the question of summoning and enforcing attendance of PIO should not arise. In fact the power appears to have been given to be used in case where the PIO wants to defend himself on the basis of some records which are in the possession of some other officer who is not parting with them for use of PIO in his defence, the Information Commission may summon that officer to give evidence or produce documents; or in case the complainant/appellant is able to convince the IC regarding the existance of a document on the basis of which he can prove that the information provided is incorrect, the IC can summon the holder of that document and enforce his attendance to produce that document.

If any Information Commissioner issues warrants to enforce attendance of a person for any purpose other than giving evidence or producing documents, it can only be called over enthusiasm.

**amin4go** · 11-02-2010, 09:39 PM

Originally Posted by changethechangers

The power of the Information Commission to summon and enforce attendance of a person is limited for the purpose of recording oral or written evidence and for production of documents or things. The summoning cannot be for any person. It can be only for the person whose attendance is required for the purpose of giving evidence or for production of documents or things. This is as per Section 18 as also as per observation of Delhi High Court in the famous DDA vs. CIC case.

A PIO is not called to give evidence. He is called to defend himself as the onus to prove that he provided correct and timely information is upon him. If he does not prove it, he liable for penalty as also for departmental action. Decision to defend oneself or not is to be taken by the one who is effected. If a PIO choses not to defend himself and to face the penal action if the Information Commission finds him guilty, how can you compel him to defend himself.

So the question of summoning and enforcing attendance of PIO should not arise. In fact the power appears to have been given to be used in case where the PIO wants to defend himself on the basis of some records which are in the possession of some other officer who is not parting with them for use of PIO in his defence, the Information Commission may summon that officer to give evidence or produce documents; or in case the complainant/appellant is able to convince the IC regarding the existance of a document on the basis of which he can prove that the information provided is incorrect, the IC can summon the holder of that document and enforce his attendance to produce that document.

If any Information Commissioner issues warrants to enforce attendance of a person for any purpose other than giving evidence or producing documents, it can only be called over enthusiasm.

Dear Sir,

I had the some issue with a Government Office having powers of civil court, they are in the process of sending me Summons to appear before them as they are inflenced by the opposition party(my enemy).
But i don't want to appear before them and my absence will not effect their enquiry process.(That Govt office emplyoees are influenced by opposition party and want to settle the issue as I appear before that office.

I want to know whether any legal proceedings can be taken on me for not attending before them.

Regards,
Amin.

**changethechangers** · 11-02-2010, 11:42 PM

Originally Posted by amin4go

Dear Sir,

I had the some issue with a Government Office having powers of civil court, they are in the process of sending me Summons to appear before them as they are inflenced by the opposition party(my enemy).
But i don't want to appear before them and my absence will not effect their enquiry process.(That Govt office emplyoees are influenced by opposition party and want to settle the issue as I appear before that office.

I want to know whether any legal proceedings can be taken on me for not attending before them.

Regards,
Amin.

It all depends upon the law under which they are summoning you.