Delhi High Court rules that Complainant cannot be penalised for seeking information

[jaipuriar]

While deciding a writ petition filed by Mr Praveen Kumar Jha, an employee with the BHEL Education Management Board, Hon’ble Delhi High Court has set aside the order of the Central Information Commission imposing the cost on the “Information Seeker/ Complainant”. In the instant case, the Commission has held that the Complainant is in the habit of filing “frivolous applications” and hence suggested to the Public Authority to take disciplinary action against the Complainant and also recover the cost incurred on the transportation of the Central Public Information Officer for coming to Delhi for attending the hearing at the Commission. Commission directed the BHEL Education Management Board to recover the cost from the salary of the Complainant.

While challenging this decision of the Commission, Petitioner/ Complainant alleged that the Commission has no such power to impose any cost to the Complainant and also pleaded that while deciding the complaints filed by the Complainant, the Commission over stepped its powers and without giving any opportunity to the Complainant/ Petitioner, imposed cost on him and directed the Public Authority to initiate disciplinary proceedings.

Justice S. Murlidhar while passing its order on 12.01.2011 set aside the order of the Commission imposing cost on the Complainant and recommending disciplinary proceedings against him. Justice Murlidhar held that the Commission has been given some powers of a Civil Court under Section 18 (3) of the Right to Information Act, but the Commission has not been vested with all inherent powers of a civil court. In absence of any such power, there is no legal basis for imposing cost on and directing disciplinary action against the Complainant. The order of the Commission has been set aside. Copy of the order of the Hon’ble Delhi High Court is enclosed herewith for ready reference.

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[karira]

Sponsorer

The original order of the CIC (IC MAA) is attached to this post.

IC MAA was famous for giving such orders - which went well beyond the realms of the RTI Act 2005.
Here is one more example: IC Ansari ordered against the apellant including monetary penalty against him.

[advocate rajesh]

Great relief for information seeker. Thanks Sir, for up dating

[beniwalg]

thanks and well done.

[jj99]

I would be more thankful to jaipuriar ji if he could post the petition itself which will enlighten forum members further.