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Thread: Delhi HC to CIC: Impose Fine as Per Law, Token Penalty for Delay Not Valid

  1. Delhi HC to CIC: Impose Fine as Per Law, Token Penalty for Delay Not Valid


    Delhi HC to CIC: Impose Fine as Per Law, Token Penalty for Delay Not Valid
    Vinita Deshmukh
    18 May 2017 1

    Extract:


    "Can a Central Information Commissioner impose a penalty as per his whims and fancies? Early this week, the Delhi High Court slapped a show cause notice on the Central Information Commission (CIC), seeking an explanation for arbitrarily imposing a Rs5,000 penalty on a Public Information Officer (PIO) instead of going by Section 20 of the Right to Information (RTI) Act.

    The court stated, “Section 20 (of the RTI Act) mandates a penalty of Rs250 for each day’s delay subject to a maximum of Rs25,000…there is no concept of token penalty…once the explanation rendered by respondent is rejected, the CIC was obliged to impose the penalty in terms of Section 20.”

    The court has issued a notice to the CIC and the CPIO to respond by 22nd September.

    The petitioner, Dinesh Pandey, referred to the Supreme Court decision in the case of Union of India Vs. Dharmendra Textile Processors, where the apex court, while dealing with the concept of levy of mandatory penalty provided under Central Excise Act, 1944, has held that “when the statutory provision provides for mandatory penalty, the authorities cannot impose lesser penalty when no discretion is available on quantum of penalty under the said statutory provisions”.

    The petitioner also referred to two other decisions, of the High Court of Punjab and Haryana and High Court of Himachal Pradesh, which observed, “We find no provision in the Act which empowers the Commission to either reduce or enhance this penalty. If the Commission comes to the conclusion that there are reasonable grounds for delay and that the Public Information Officer (PIO) concerned has satisfactorily explained the delay then no penalty can be imposed. However once the Commission come to the conclusion that the penalty has to be imposed then the same must be @ Rs250 per day and not at any other rate at the whims and fancy of the Commission...”


    READ ENTIRE ARTICLE: https://WWW.MONEYLIFE.IN/ARTICLE/DELH...LID/50540.HTML



  2. #2

    Re: Delhi HC to CIC: Impose Fine as Per Law, Token Penalty for Delay Not Valid


    Sir,
    Will it not open earlier cases where penalty lesser penalty was imposed.

    - - - Updated - - -

    Sir,
    Will it not open earlier cases where penalty lesser penalty was imposed.

  3. Re: Delhi HC to CIC: Impose Fine as Per Law, Token Penalty for Delay Not Valid


    Once the case was disposed, further remedy is open only through writ before HC or Sc only.



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