Procedure to be followed while imposing penalty by CIC....IMPORTANT

[karira]

In the Minutes of Meeting of CIC held on 12 August 2008, item No. 6 deals with the the procedure to be followed while imposing penalty on PIO and its in corporation in the CIC (Management) Regulations 2007:

6. Commission directed that the following procedure may be followed
while imposing penalty and the same may be incorporated in the CIC
(Management) Regulations 2007.

i) Wherever there is no response of the PIO within the time specified
in section 7(1) or there is a complaint that the PIO refused to accept
application, the Commission shall issue a notice to him to show
cause why penalty should not be imposed upon him. In such cases,
the response of the PIO has to be assessed on whether the
explanation offered by him provides “reasonable cause” or not.

ii) If the information provided is incorrect, incomplete or misleading,
the Commissioner shall issue a notice to him to show cause why
penalty should not be imposed upon him. In such cases, the
response of the PIO has to be assessed whether he provided
incorrect, incomplete or misleading information “knowingly” or not.

iii) If the PIO destroyed the information, which was the subject of
request or obstructed in any manner in furnishing information,
penalty shall be imposed upon him after giving him an opportunity
of being heard.

iv) If it is found during first hearing that any of the above situations
prime exists, then show cause notice shall be issued in the notice of
the first hearing only to save time of a separate hearing for
imposition of penalty. The PIO shall be expected to present his/her
explanation in the hearing.

v) In all cases of penalties, a hearing needs to be held where both
parties should be given an opportunity of being heard. A speaking
order should thereafter be passed imposing or dropping penalty.

vi) PIO shall not be given more than two adjournments to present his
explanation. That shall be treated as reasonable and sufficient
opportunity.

The full minutes of the meeting can be viewed at:

http://cic.gov.in/CIC-Minutes/Minutes12082008.pdf

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[vishnu_madhav]

Sponsorer

I have a query in point IV of the above mentioned regulations

iv) If it is found during first hearing that any of the above situations
prime exists, then show cause notice shall be issued in the notice of
the first hearing only to save time of a separate hearing for
imposition of penalty . The PIO shall be expected to present his/her
explanation in the hearing.

The idea of this point seems to be that Show Cause Notice can be issued in the summons for the first hearing itself. This is a very good thing. I am confused about the way the statement is worded. The statement starts off as "If it is found during first hearing...", seeming to imply that the decision has to be taken during the hearing, which means that the hearing has to be held, but later says that the notice for hearing should have the Show Cause Notice. This seems to be confusing and self-contradictory. Can someone clarify??

Madhav.

[Sanchay2009]

I would like to know whether complaint can be lodged in the said case directly to CIC or ffirst we have to go for first apply to FAA?

[sandeepbaheti]

I would like to know whether complaint can be lodged in the said case directly to CIC or ffirst we have to go for first apply to FAA?

Better to file first appeal before approaching CIC. Many ICs simply refuse to accept direct complaints.

[advocate rajesh]

both the parties should be present on the day of hearing in case of show cause notice is sent to the PIO because the appelcant is the sufferer and is conversent with the situation of the case . It should not be one sided hearing . If the CIC allows appellant to be present it is good. Thanks Karira Ji .