What to do if PIO does not implement the orders of the First Apellate Authority...
Many members and guests on the forum have faced a situation where the PIO does not comply with or implement the orders of the First AA.
In a recent decision, the CIC has dealt with this matter in a very clear manner and decided:
We find that the orders of Shri Satya Gopal, Appellate Authority and
Registrar, Cooperative Societies are comprehensive and address all issues
raised by appellant Shri Nagar, including the issue of penalty where he has found PIO clearly at fault. However, it seems that these orders have not been
From the facts above, it appears that this is a case of malafide denial of
Information by the Pio . However since it is the responsibility of the first Appellate
Authority to ensure that the orders passed by it are duly complied with by the Pio , the Commission, therefore, has decided to remand the case back to Shri
Satya Gopal, Registrar, Cooperative Societies and first Appellate Authority
to ensure that his orders under section 19(1) are duly complied with and the
requested information furnished in terms of the order so passed, with the
qualification that now, in accordance with Sec 7(9) of the RTI Act, 2005, no fees
will be charged.
If the compliance is not ensured within 15 days from the date of receipt of
this order, the FAA should approach this Commission for initiation of proceedings
under section 20 of the RTI Act for imposition of penalty and/or recommending
appropriate disciplinary action. This will be without prejudice to the right of the
First AA to initiate other penal action under the Indian Penal Code against the Pio for willful violation of lawful orders promulgated by a public servant while
exercising statutory powers.
Re: What to do if PIO does not implement the orders of the First Apellate Authority...
I would call this a foolish decision. The AA himself has the powers to initiate action against his subordinate if he disobeys his orders or rather not comply with his orders. Then why should he initiate action seeking recommendation of the CIC to initiaate action ? If the AA desire that the information need to be provided, no PIO will ever dare to refuce the information. The whole episode is a unified drama of PIO and AA. The PIO get 30 days. It takes minimum of another 30 days for his reply of refusal or denial to reach the applicant, prepare the First Appeal and make it reach the AA. The AA get 30 to 45 days. Altogether it involve more than 100 days making the entire time-frame a mockerry.