I'm back from the hearing, as usual, PIO/CEO, PA, GNIDA were not present for the hearing... I emphasised before the learned Joudge that this act of insolence by GNIDA officials amounted to contempt of court, punishment be awarded to the erring officials on the basis of clauses and sections [as were mentioned in these threads].
The learned Judge, obsereved that GNIDA PIO/ CEO or PA was [were] indeed liable for punishment, but there is a set procedure for the same... the partry has to be given an opportunity to defend its self, so a show cause would be issued to GNIDA and before deciding in the next hearing.
In all the previous hearings, GNIDA was given ample opportunity to defend itself and the learned Judge had on all occassions, explicitly made it clear to GNIDA that it was the last opportunity given for them to defend themselves, else a decision in absentia would be taken. When so much has already been said on records not once but on 4 earlier occassions, IMHO, I feel no further opportunies should be given to GNIDA and the case is just as ready to be decided... On the basis of all these circumstances, I want to make a fresh plea/ prayer to the SIC for award of punishment and seeking compesation from the GNIDA... would this be a right approach or would look like trying to put words in the mouth of the SIC and amount to contempt of court.. [particularly in light of proceeds of the last hearing]?
I think on the first place itself the PIO should be penalised for not providing correct information...
if the applicant is not satisfied...then he should have all the right to mention this in the officer's ACR.
The applicant should be empowered to write the ACRs only then the officers will become responsive to the RTI....
Is there any decision from CIC where the PIO has been fined for not providing the certified copies as of his regular practice and if the same has been taken as serious note by the CIC and he has been fined etc. As in my case the PIO (Actually the RTI Staff) sends the plain photo copy and refer in the RTI reply that certified copy attached. Also some of the documents found missing.
It shall be grateful to know if there is any guidelines laid down by CIC or any other competent authority that how documents are to be served i.e. proper indexing etc.
1. A few days back I attended the hearing before State Information Commission and I requested to the SIC to provide me the certified copies of all documents duly authenticated.
2. Secondly provide me the copies of documents, the list of that has been provided to the PIO after inspection.
The SIC rejected my appeal saying that the copies whatever have been provided to you it is O.K. I said that PIO should provide me the authenticated copies. At this the SIC became furious and directed to the PIO to sign on the front page of the documents. There is no need to get it authenticated by signing on each and every paper. on that the PIO signed on only one Page and SIC directed me to accept the documents.
By putting signatures on one page the SIC directed the PIO to write a letter and in which write that all the information demanded by the appellant has been supplied to him. Then he directed his peon to get the photo-copy of the letter. He provided the original copy to me and got the Photocopy of the letter acknowledged from me and this way disposed of the case.
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