Since when did FAAs start getting the power to decide who should be penalised ?

[karira]

Since when did FAAs start deciding on who should be penalised ?


Please see:


http://www.rti.india.gov.in/cic_deci...82_T_82141.pdf


4. Having considered the submissions of the CPIO and the appellant, the
Commission observes that there is a delay of 42 days in providing of requisite
records to the appellant. The documents requested on 9.6.2011 after inspection,
were provided only on 22.7.2011. The FAA, CESTAT is hereby directed to
consider the submissions of Shri Mohinder Singh, CPIO and identify the person
responsible for the delay and recover the penalty amount from him. If both are
responsible, the penalty should be recovered on pro-rata basis from both Shri
Mohinder Singh, CPIO and Shri Pramod Kumar, Deemed CPIO.

5. Penalty of Rs. 10,500/- (Rupees ten thousand five hundred only) for the
delay of 42 days @ Rs. 250/- per day is imposed u/s 20(1) of the RTI Act, 2005,
which shall be recovered in 5 monthly instalments of Rs. 2,100/- (Rupees two
thousand one hundred only) either from both Shri Mohinder Singh, CPIO and
Shri Pramod Kumar, deemed CPIO on pro-rata basis or from any one of them,
identified responsible for the delay, by the FAA, from their pay and allowances
from the month starting June, 2012 to October, 2012.

[Yogi M. P. Singh]

Sponsorer

Hon'ble members. In view of your friend, Hon'ble CIC in disposing second appeal found 42 days delay in providing information for which it imposed Rs.10500.00 pecuniar penaly on the guilty with the rate Rs.250.00 per day of 42days. CIC could not ascertain actual guilty. Therefore CIC court threw the ball in F.A.A. court. If after representation of both CPIO and deemed CPIO , F.A.A. could not decide the MATTER, to whom penalty has to be recovered or parts of penalty, then matter will be again broughtup before CIC and now this time, there will be FAA and both the PIOs.

[karira]

But as per Sec 20(1), it is the CIC and only the CIC which has the power to identify and impose penalty.

What the IC is trying to do here is not only to shirk her work/responsibility but also protect herself from future orders of the High Court.

[syedshah1983]

Consider a case when PIO has not respond within 30 days. The applicant goes for First Appeal. FAA decides the appeal on 45th day, and have orders that the requested information be provided.

Now its FAA who has been sitting on the RTI Cycle for 45 days.

In CIC during hearing, what if the PIO submits that the matter was pending with FAA 45 days, and he was waiting for his orders ?

[ambrish.p]

DELEGATION of powers by IC is diplomatic/clever step as DISCRETION is hidden part transferred with powers and in case of consequences it can be used as shield.

regards