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    Nomination Award Penalty provision for First Appellate Authority in RTI Act,2005


    There is penal provision for CPIO for his failure to furnish information to an applicant under RTI Act. In most of the cases, the First Appellate Authority(FAA) who is normally the boss of the CPIO in the hierarchy, takes the side of the CPIO in denying information. It is a matter of common experince that the (FAA) influences the CPIO to deny information. But when CPIO is penalised by the CIC, the FAA goes scotfree, as there is no accountability of his decision in the absence of penal provision in the RTI Act. But the FAA is also equally guilty in denying information.
    It is time to demand penal provision in RTI Act for FAA as well.


    Last edited by sunserver; 06-22-2011 at 07:17 PM. Reason: no need to edit
     

  2. #2
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    NK Agarwal
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    Default Re: Penalty provision for First Appellate Authority in RTI Act,2005


    This is a serious lacunae, there is a corollary to the query i.e. what would be the role of the PA under the given circumstances under the conduct rules? thnks
    Likes Kishor Kumar Das liked this post
     

  3. #3
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    Kishor Kumar Das
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    Default Re: Penalty provision for First Appellate Authority in RTI Act,2005


    FAA must be braught under the penalty provision clause of the RTI Act. RTI Act needs to be amended for the same. This will save the RTI applicants from unnecessary harassment and help the PA as well to streamline the application of RTI act in true sense of terms. How the Act to be amended in view of the hostile bureaucracy is something to be pondered by the concerned people and citizen of India.

    K.K.DAS

  4. #4
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    Dr.V.S.Prasanna Rajan
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    Default Re: Penalty provision for First Appellate Authority in RTI Act,2005



    Even though there is no provision in the RTI Act, 2005 for penalizing the appellate officer, there is a possibility in the Consumer Protection Act, 1986 for the same. It has been held by the National Consumer Forum that lack of supply of information / improper / false/ vague information amounts to deficiency in service. If an RTI applicant ( who becomes a consumer in terms of the consumer protection act, 1986) files a petition in consumer forum in respect of deficiency in service, and provides the documentary proof of the same in terms of the documents supplied by the CPIO and the copy of the appellate authorities decision and prays for imposition of penalty on the CPIO as well as on the appellate authority for deficiency in service, then based on the facts on record, the consumer forum can in that case put penalty on the concerned public authority with instructions to be recovered proportionately from the cpio and the appellate authority.
    The views of other members are requested in this regard.
    vsprajan.
    Likes Kishor Kumar Das liked this post
     

  5. #5
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    aslam
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    Default Re: Penalty provision for First Appellate Authority in RTI Act,2005


    no Penalty provision for First Appellate Authority in RTI Act,2005 is the biggest loop hole in the RTI 2005 this is the reason why more & more cases are pending with SIC/CIC. while Government has exempting bodies like CBI out of RTI ambit. Government has done nothing for this(FAA) Loop hole.
    Likes Kishor Kumar Das liked this post
     

  6. #6
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    C J Karira
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    Default Re: Penalty provision for First Appellate Authority in RTI Act,2005


    Quote Originally Posted by vsprajan View Post
    Even though there is no provision in the RTI Act, 2005 for penalizing the appellate officer, there is a possibility in the Consumer Protection Act, 1986 for the same. It has been held by the National Consumer Forum that lack of supply of information / improper / false/ vague information amounts to deficiency in service. If an RTI applicant ( who becomes a consumer in terms of the consumer protection act, 1986) files a petition in consumer forum in respect of deficiency in service, and provides the documentary proof of the same in terms of the documents supplied by the CPIO and the copy of the appellate authorities decision and prays for imposition of penalty on the CPIO as well as on the appellate authority for deficiency in service, then based on the facts on record, the consumer forum can in that case put penalty on the concerned public authority with instructions to be recovered proportionately from the cpio and the appellate authority.
    The views of other members are requested in this regard.
    vsprajan.
    The applicant pays a application fee and seeks information from the PIO.

    The FAA decides a first appeal which is filed by an applicant against the decision (or non decision) of the PIO.

    The FAA is not supposed to provide information. At most he can direct the PIO to provide information.

    So, how can the FAA be held responsible for deficiency of service ?
    @cjkarira

  7. #7
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    Default Re: Penalty provision for First Appellate Authority in RTI Act,2005


    Quote Originally Posted by karira View Post
    The applicant pays a application fee and seeks information from the PIO.
    The applicant also pays a application fees for the first appeal to FAA.
    Likes Kishor Kumar Das liked this post
     

  8. #8
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    jetley
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    Default Re: Penalty provision for First Appellate Authority in RTI Act,2005


    If the FAA does not decide the 1st appeal within prescribed time limit, or does not give a proper speaking order or gives an incomplete decision, he effectively refuses to perform his quasi-judicial duty to take sides with the PIO, and thereby renders himself deemed PIO. So by the same principles that make PIO liable for penal action, the deemed PIO (read AA in cases as mentioned above) may also become liable to pay compensation. This is purely my personal opinion.

    A few decisions, probably based on such premises, are attached herewith
    Disciplinary action if AA acts more like a senior officer discharging his administrative duties .pdfDisciplinary action, compensation from personal funds of AA AT-03042008-03.pdfAA compensation show cause 4 failure 2 dispose 1st appeal Decision_15102007_26.pdf



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