Page 1 of 2 12 LastLast
Results 1 to 8 of 9
  1. #1
    Posts
    170
    Name:
    indrajit bandyopadhyay
    Mentioned
    0 Post(s)
    Tagged
    1 Thread(s)
    Quoted
    19 Post(s)

    Victory for RTI - Dr. Nazrul Islam vs State Of West Bengal 2016


    Hon'ble High Court Calcutta upholds SIC decision of awarding compensation ... strong decision on RTI -
    Dr. Nazrul Islam vs State Of West Bengal & Ors on 31 August, 2016


    › Find content similar to: Victory for RTI - Dr. Nazrul Islam vs State Of West Bengal 2016



  2. #2
    Posts
    23,273
    Blog Entries
    3
    Mentioned
    69 Post(s)
    Tagged
    15 Thread(s)
    Quoted
    965 Post(s)

    Re: Victory for RTI - Dr. Nazrul Islam vs State Of West Bengal 2016


    One of the best decisions by any HC , must be preserved as a record to copy and paste as each sentence is studded with precious observations.

  3. #3
    Posts
    170
    Name:
    indrajit bandyopadhyay
    Mentioned
    0 Post(s)
    Tagged
    1 Thread(s)
    Quoted
    19 Post(s)

    Re: Victory for RTI - Dr. Nazrul Islam vs State Of West Bengal 2016


    I think, action against FAA would be possible if IC takes these lines into note while judging -
    "The Department has appointed SPIO and a first Appellate Authority who are officers of the Department. If such Officers did not discharge their duties, the department must own up responsibility for the same. The Department must accept the liability for any negligent act of commission or omission on the part of its officers in the course of their employment or discharge of their duty. This is akin to vicarious liability, a well- recognized tortious principle of law. It is the Department who has to compensate a citizen for any loss, detriment or harassment suffered by him by reason of failure of its officers to perform their duty. It makes little difference whether such duty is statutory or non-statutory. It does not lie in the mouth of the Department to say that it is an inanimate or impersonal entity and responsibility and liability should be fixed only on its officers. The Department must make good the loss suffered by a citizen by non-discharging of their duties by the Department's recalcitrant and indolent officers and, thereafter the Department is at liberty to take appropriate steps against its erring officers and bring them to books. In fact, the Department should recover from its concerned officers the compensation that the Department has to pay to the affected citizen."

  4. #4
    Posts
    23,273
    Blog Entries
    3
    Mentioned
    69 Post(s)
    Tagged
    15 Thread(s)
    Quoted
    965 Post(s)

    Re: Victory for RTI - Dr. Nazrul Islam vs State Of West Bengal 2016



    IC can not take any decision against FAA, as there is no such action stated / stipulated action against FAA under RTI Act. It is a different matter if public authority decides on the issue on their own.

  5. #5
    Posts
    170
    Name:
    indrajit bandyopadhyay
    Mentioned
    0 Post(s)
    Tagged
    1 Thread(s)
    Quoted
    19 Post(s)

    Re: Victory for RTI - Dr. Nazrul Islam vs State Of West Bengal 2016


    IC cannot take any decision against FAA, but IC can definitely facilitate it.

    u/s 19(6), the FAA has the obligation to record reasons for delay over 30 days in writing –
    “An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.”

    Errant FAAs do not do this.

    I prefer to include in Second Appeal a prayer to IC like –
    “Require FAA to supply me in writing with affidavit the reasons as required u/s 19(6) why he did not dispose of my First Appeal within thirty days of the receipt of the First Appeal.”

    Compelling the FAA to “write” something will create avenues to bring him to book … if nothing else, that will perhaps open up gates for further RTI Applications …

  6. #6
    Posts
    23,273
    Blog Entries
    3
    Mentioned
    69 Post(s)
    Tagged
    15 Thread(s)
    Quoted
    965 Post(s)

    Re: Victory for RTI - Dr. Nazrul Islam vs State Of West Bengal 2016


    Except passing on a remark / comment / stricture IC can not do any thing when the Act has not empowered him.
    Members that have prayed for action against FAA may reply as to whether any action was taken against FAA by IC as per their prayers so that we can quote that example as precedent.
    In LIC LIFT CASE CHENNAI, as per Court direction, CIC has withdrawn even such remarks against FAA.

  7. #7
    Posts
    18,259
    Name:
    Raveena
    Blog Entries
    20
    Mentioned
    52 Post(s)
    Tagged
    22 Thread(s)
    Quoted
    357 Post(s)

    Re: Victory for RTI - Dr. Nazrul Islam vs State Of West Bengal 2016


    What we are discussing in this thread is about compensation. Decision of Hon'ble Court is that the Officers of the department esp PIO and FAA are appointed by the Public Authority and the Department must make good the loss suffered by a citizen by non-discharging of their duties by the Department’s recalcitrant and indolent officers and, thereafter the Department is at liberty to take appropriate steps against its erring officers and bring them to books. In fact, the Department should recover from its concerned officers the compensation that the Department has to pay to the affected citizen and the Department cannot claim that the responsibility and liability should be fixed only on its officers.

    IC need not take decision against PIO or FAA as far as compensation is concerned and now it is the responsibility of the Public Authority to compensate. The interpretation is that the discretion rests with the Department to fix individual responsibility. It can be PIO, FAA or any other officer(s) or staff who are the custodian of information. It is not the look out of IC as to decide which individual must pay the compensation. The department must pay compensation, fix responsibility and recover the amount form responsible officer(s), which may even be FAA. Therefore the FAA cannot absolve himself from the recovery of penalty, if ordered to be recovered by the public authority. The department may even pay from the public exchequer, if none of its officer(s) can be held responsible for the laxity.
    Satyameva Jayate सत्यमेव जयते

  8. #8
    Posts
    3
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    Re: Victory for RTI - Dr. Nazrul Islam vs State Of West Bengal 2016


    Quote Originally Posted by indraajeet View Post
    Hon'ble High Court Calcutta upholds SIC decision of awarding compensation ... strong decision on RTI -
    Dr. Nazrul Islam vs State Of West Bengal & Ors on 31 August, 2016

    Sent from my ASUS_T00J using RTI INDIA mobile app

Page 1 of 2 12 LastLast

Tags for this Thread



About RTI INDIA

    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook youtube Tumblr RTI Microblog RSS Feed Apple App Store Google Play for Android