IC M Ansari's orders regarding Penalty...

[karira]

Over the last week or so, IC Ansari has been issuing many orders with the following words:

The CPIO is directed to furnish the information within 15 working days from the date of issue of this decision, failing which penalty proceedings u/s 20 (1) of the Act would be initiated.

My question is, that for a matter to reach Second Appeal, it would have definitely taken more than 60 days (from the date of application or receipt by PIO) in the least case scenario. Even if the IC heard the case on the 61st day, the time limit for the CPIO to provide information is overshot by 31 days. Therefore penalty should be levied at the rate of 250 X 31 = Rs. 7750.00.

Then, if information has not been given till now, why isn't a show cause notice being issued immediately ?

Why is the IC giving another 15 days to the PIO to supply information and ONLY THEN willing to consider Penalty proceedings under Sec 20(1) ?

There cannot be so many cases in a week wherein no applicant has asked for penalty or partial information already provided, etc. Can members throw some light as to what is going on ?

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[jps50]

Sponsorer

Unless non-babus are inducted this type of things will continue. Alternatively if High or Supreme Courts interpret section 20 of RTI Act and pull up ICs for violating RTI provisions, the things may change. If ICs mean serious business as to penalty, it will reduce work load on ICs and pendency of appeals/complaints. As on today, PIO/FAA are hardly serious in discharge of their duties under the Act. In fact learning time is already over for PAs.

[vijendra singh]

Dear Karira , the appellant is nowhere in RTI Act expected to pray for penalty on PIOs. ICs are morally & mandatorily bound to punish the erring PIOs. If the I.Cs are not performing diligently their duties ; poor appellant can pray only in high court. & there also a clear fault of PIO shown / written by the I.C. will be required. Hence , only & only one solution is there --- --I.Cs must be non-bureaucrates & punishable.

[nk agarwal]

Allowing time by IC to CPIO is to fullfill the requirement of "providing opportunity of being heared" before imposing penalty.
My experience says that applicants should rremain patient in the whole process.
nk agarwal

[nk agarwal]

Allowing time by IC to CPIO is to fullfill the requirement of "providing opportunity of being heard" before imposing penalty.
My experience says that applicants should rremain patient in the whole process.
nk agarwal