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