PIOs shall get two chances to give explanation for delays: RTI

[sidmis]

PIOs shall get two chances to give explanation for delays: RTI
As Reported in Zeenews

New Delhi, Aug 27: A Public Information Officer (PIO) attached to a government department will only get two chance for explanation before the Central Information Commission (CIC) in case the panel takes cognizance of delay in replying to an RTI application.

"The PIO shall not be given more than two adjournments to present his explanation. That shall be treated as a reasonable and sufficient opportunity," Chief Information Commissioner Wajahat Habibullah said while presiding over a meeting of the Commission held recently here.

The Commission accepted the suggestions proposed by RTI activist Shailesh Gandhi for restricting the number of adjournments sought by the government departments.

In the wake of the increase in pendency of cases, the transparency panel is looking into ideas to improve its efficiency and speed up the process of disposal of issues.

On the issue of imposition of penalty on the PIO for non-compliance with regard to the specified period for RTI replies, the CIC said will look for a "reasonable cause" while dealing with their response.

In case the information furnished to the RTI applicant proved to be incorrect, incomplete or misleading, the CIC will assess if it has been done by the officer "knowingly" or not.

The procedure to be followed includes imposition of penalty on the PIO after giving him an opportunity of being heard.

The Commission will not hold separate hearings for the imposition of penalty and a showcause notice will be issued in the first hearing itself in order to save time.

The CIC directed that the following procedures as suggested by Gandhi might be followed while imposing a penalty.

Zee News - right to information

[karira]

For further details on the procedure to be followed by CIC while imposing penalty n PIO, please also see:

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

[rajub]

Karira,

very useful post.

Would you please post link to any citation which sternly denounces giving of misleading, false or incomplete information (if such thing exists).

Quoting such a citation in FA might yield the correct information and applicant may be saved of time consuming second appeal/complaint.

[karira]

Rajendra,

There is no useful citation I could find.

All you have to do is go item by item in the PIO's reply and rebut/prove or show that it is either false, misleading or incomplete.