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Thread: What to do if PIO does not implement the orders of the First Apellate Authority...

  1. #1
    C J Karira
    Blog Entries
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    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
    complied with.

    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.

    The full decision can be viewed at:

    What is surprising is the last para (in red) above.
    Do you think that any section of IPC can be used by the AA against the PiO ? Will he do something like this against a subordinate officer ?

  2. #2
    Col NR Kurup (Retd)
    Blog Entries
    Rep Power

    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.


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