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Old 11-01-2007, 05:31 PM
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Name: Col NR Kurup (Retd)
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Re: Whether imposing a penalty is a prerogative

It is defenitely a legal obligation. Section 20 of the Act is very specific that " it shall impose " and not " it may impose ". " Shall " means do something inevitable, something that will take place, denoting an obligation or direction to do some act. Please note that " should " is the past tense of " shall ". As per the recent Supreme Court decision (not in RTI case), " Failure to give reasons is denial of justice". Therefore it implies that it is obligatory on the part of the CIC/SICs to give reasons for not impossing penalty when the PIO is proved guilty. The main problem is the non-accountability of CIC/SICs. Who will bell the cat ?

Last edited by colnrkurup; 11-01-2007 at 05:33 PM.
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