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  1. #1
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    "Incompetence" new Ground to Escape RTI Penalty


    Recently Central Information Commission spared the erring CPIO from
    Penalty because of his incompetence.

    The relevant portion of the decision is reproduced here.

    "We have found above that the information sought by complainant Ms. GitaDewan Verma has not been provided. Although complainant has not pleaded forpenalty the matter has been examined u/s 20 (1).

    The response both from theEstates Department and the Department of Architecture & Environs and Director(Projects) though incomplete has been given on time. The issue before us therefore, is whether the request for information has been “malafidely denied” orincorrect and incomplete information “knowingly given”.

    As a consequence of having heard all sides in this matter we are of the view that the failure hasresulted from incompetence and not malafide.

    Therefore, while no penalty will lie, Chairman, NDMC is directed to so streamline the processing of applicationsunder the RTI Act as to obviate such a systemic failure in future and to ensurethat all such information as is mandated u/s 4 (1) sub-sections (a) (b) (c) and (d)is actually placed on the website, so that civil society is saved from the necessityof having to move applications under the RTI Act to obtain information whichshould normally be in the public domain."

    Announced in the hearing. Notice of this decision be given free of cost to
    the parties.


    (Wajahat Habibullah)
    Chief Information Commissioner
    30-1-2008

    Full Decision is available here.

    http://cic.gov.in/CIC-Orders/Decision_30012008_02.pdf


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  2. #2
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    Re: "Incompetence" new Ground to Escape RTI Penalty


    This article was first posted by RTI exponent Sarbajit Roy in another
    RTI related newsgroup rti_india.

  3. #3
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    Dr. Pathak
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    Re: "Incompetence" new Ground to Escape RTI Penalty


    Thank You for sharing this. That is indeed a important news with lot of inferences that can be drawn.

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