Appellate Authority can be recommended for Disciplinary action if he acts like a normal "senior officer"

[karira]

In a extensively discussed and elaborated order, CIC (order is by IC A N Tiwari) has ruled that a Appellate Authority can be recommended for Disciplinary action under Sec 20(2) of the RTI Act if he acts more like a senior officer discharging his normal administrative duties.

The appellant asked for some information from the CPIO of the LIC Zonal Office in Chennai. The information pertained to a lift which was not functioning properly in LIC's building. The CPIO gave vague replies and claimed that records are missing. The FAA did not give any reasoned order and just stated that as soon as records are found, they will be sent to the applicant. Moreover, the First Appeal Order was signed by the CPIO.

The FAA is the Zonal Manager of LIC in Chennai.

Matter went to Second Appeal and CIC:

- Issued a show cause notice to the CPIO for penalty
- Issued a show cause notice to FAA for disciplinary action
- Asked the Chairman of LIC to investigate the matter
- Asked Chairman of LIC to show cause as to why applicant should not be compensated

In the second hearing at the CIC (when the notices were "returnable"), the CPIO/FAA/LIC Chairman/PA were represented by Senior Supreme Court Advocate P.N. Lekhi and Advocate Kamal Mehta.

It is a 28 page order and members should read it because it not only raises several issues about the role of the Appellate Authority (as discussed many times in this forum) but also draws on many other High Court and Supreme Court orders.

The CIC concluded that:


1. First Appellate Authority only performs a "quasi-judicial function".
He cannot be equated to a court of law. Therefore he can be made a party
to the CIC's proceedings.
2. The CIC has a right to impleade the FAA as a party to the hearing
and also direct him to appear before it.
3. AA must sign the First appeal order himself and it cannot be signed by a CPIO.
If it is so done, it can be concluded that the AA is delegating his duty to a subordinate, who is a party to the proceeding.
4. The FAA must act as a Appellate Authority and not as a senior officer of
the Public Authority, discharging his normal administrative duties. If he does so, he is equally liable to Penalty under Sec 20(1) and Disciplinary Action under Sec 20(2), because he is acting like any other officer of the PA.
5. The head of the Public Authority (LIC Chairman) has been recommended to take disciplinary action against the FAA.
6. Compensation of Rs. 10,000 awarded to the applicant.
7. CIC asks the head of the Public Authority and CAG to to examine and study if Officers, who are found negligent in the matter of disclosure of information
under the RTI Act 2005 or preventing its disclosure, should be allowed
to defend themselves before the commission at the cost of the Public Authority - presumably, this means cost of expensive lawyers, advocates, legal advisers and other expenses like TA/DA which are all borne by the PA.

The full order is attached to this post.

[ganpat1956]

Thanks Karira, for highlighting this CIC decision. When the last point mentioned in your post gets determined with a finality, our Colonel Saheb and Advocate Rajesh will feel justified.

[advocate rajesh]

Mr. Karira Jiiiiiiiiiiiiiiiiiii, You are always ahead. Hats off to you. Because of your hard work we are the boss of our city as far as RTI is concerned . Thanks a lot for the latest happening.

[rajub]

Karira!

This is a post of the life of rtiindia.org! (just like shot of the day, match or series)

My RTI life is not more than 3-4 months but what I have noticed (through personal experience and through perusal of various CIC/SIC decisions) is that,

1] The PIOs/AAs are "fearless" as far as RTI Act related responsbilities are concerned. I have many many first hand experiences to support my observations.

2] The ICs are inordinately lenient towards errants making PIOs/AAs fearless.

Your this post has freed me from the frustration that has engulfed me. I was feeling like not to file any more 2nd appeal as PIOs/AAs have so blatantly flouted the Act that I wondered whether they had received immunity from the commission.

Thanks on behalf of all of us!

[Dr.R.K.D.Goel]

07.11.2008
This is an excelent Order of the CIC which is eye opener for all the PA / FAA / PIO those are despite three years of RTI Act 05 not taking this Act seriously. How can in 2nd appeal the Suprme Court Advovates appear? when the Act provide that a respondent should appear prsonally befor the Hon'ble Chief Inforamtion Commissioner OR may depute some other person on his behalf. Representing the case by so costly Advocates should not be permited by the CIC.

I am also getting this type problems from the PA of Vadodara Municipal Corporation Vadodara. I will take my matters with the GSCIC on these lines

We are thankful to the Forum to bring all such important orders in th knowledg of the members.
Dr.R.K.D.Goel Vadodara.

[The Great]

Thank you Kariraji, for this very useful Post. Please read my thread " Can PIO Represent First Appellate Authority"
[b][b]I have still time to make 2nd Appeal and will go on for it.

[nk agarwal]

Thnks Mr. Karira for posting the highlights along with the order.
Perhaps the same logic would apply in case CPIO acts as a Sr. officer of the applicant.
Statistically most of the applicants are either serving or retired Govt. servants and they seek info under RTI Act-2005 to address their long pending grievances or injustice (large number of Govt. servants indicate the situation prevailing in the Govt. deptt. today). If CPIO and /or Departmental AA acts like a superior officer then this issue needs to be tackled by CIC - IC A.N. Tiwari's decision is a milestone along the long pathway of RTI Act-2005.

[vijendra singh]

The IC Mr Tiwari deserves honour this time. It showed that CIC is trying to improve. All the ICs in India, all citizens , all activists must study it deeply. It will have far reaching effects . CIC might also request DoPT to circulate the decision among all the govt deptts / ministries necessarily. Once again I will appreciate Tiwari ji for his good output at least in some cases.