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  1. #1
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    C J Karira
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    IsPenalty of RS 250 per day per RTI Application or per PIO ?


    Need a clarification.

    I am helping someone with a RTI application process.

    Application made to PIO of a very big PA where there are several PIO's.
    The recipient PIO has asked in writing to 6 other PIO's of the PA to provide him information on various parts of the application that pertain to them.
    He did not get any response from those 6 PIO's.
    When applicant went to meet the PIO to remind him, the PIO showed him the letters and reminder he has written to the other PIO's and said he is helpless. Copies were given to applicant.
    Applicant made First Appeal, but no response (no hearing and no orders). As per applicant this was because the FAA had been transferred and no new person was designated as FAA.

    Now time has come to file Second Appeal.

    When he prays for Penalty at Rs 250 per day, should he pray for penalty of Rs 250.00 per day only on one PIO (the recipient one) or can he pray for penalty of Rs 250 per day on each of the 6 PIO's , who become "deemed" PIO's in this case ?


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    Twitter: @cjkarira

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    Re: IsPenalty of RS 250 per day per RTI Application or per PIO ?


    1) Whether he was informed in writing that his application is transferred to Six PIO. 2) Whether the application was transfer under section 6(3) and intimation was given within 5 days as required by Act.
    In my oppinion he should pray for penalty of Rs. 250 day to PIO.
    Let the commission decided whom to penalise.

  3. #3
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    Re: IsPenalty of RS 250 per day per RTI Application or per PIO ?


    Presuming that ony one second appeal is made showing 6 respondents, the cases should be seggregated into two parts. One, where a particular PIO has transferred the case under Section 6(3) to another.. The other where the PIO has not transferred the cases. Now we get two sets of PIOs. To me, each PIOs who did not transfer the case, is liable for penalty individually and in the other case singularly on the PIO on whom the application rest at last. The is the way I have interpretted Section 20. I would love to read other interpretations. As for as the Act is concerned this aspect is not at all clarified.

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    Re: IsPenalty of RS 250 per day per RTI Application or per PIO ?



    1. As per Sec6(3) ,the addressed PIO sent requisite letters and reminders to other PIOs to furnish info which they failed to do.
    2. The addressed PIO did furnish copies of the said letters and reminders to the applicant.
    3. Sec 20,if rigidly interpretted, implies the addressed PIO is also liable for penality,in addition to 6 PIOs who simply couldn't careless. However law of reasonability dictates that the addressed PIO did proceed as per sec 6(3) and therefore should not be penalised.
    4. All other 6 PIOs must be mentioned in second appeal for penality as per sec 20

  5. #5
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    Re: IsPenalty of RS 250 per day per RTI Application or per PIO ?


    Friends,

    Sec 6(3) comes into play only if application is transferred from one PA to another PA.

    Since in this case, it is the same PA (actually the same big building) so Sec 5 will apply.

    Please see:

    http://www.rtiindia.org/forum/3378-d...-one-cpio.html

    The first PIO (first recipient) is totally correct. He has followed all rules to the letter T.
    I feel that all other 6 PIO's are the ones to be penalised.

    My interpretation is that the other 6 PIO's became "deemed" PIO's and are also liable for penalty. Since more than 100 days are over, the penalty should be Rs 25000 X 6.

    Is it OK if the the appellant asks for penalty to each of the 7 PIO's (recipient + the other 6) and let CIC decide what it wants to do. During Second Appeal, the first PIO can easily defend himself by showing all the requests and reminders to the other PIO's.
    Twitter: @cjkarira

  6. #6
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    Re: IsPenalty of RS 250 per day per RTI Application or per PIO ?


    This is exactly why my querry started with "presuming that only one second appeal is made showing 6 respondent". The CIC/SIC can award penalty of Rs.250/- each per day ....... that the total amount of such penalty shall not exceed twenty-five thousand rupees. Had you filed 6 second appeals,showing one of the PIOs who has not taken action under Section 6(3) as Respondents in each case it was obligatory on the ICs to award punishment in each case to each of the PIOs @ Rs.25,000/- each.

  7. #7
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    Re: IsPenalty of RS 250 per day per RTI Application or per PIO ?


    colnrkurup,

    Second Appeal not yet filed. There is still more time left.
    Your approach makes a lot of sense.
    Please correct me if my logic is wrong:

    1 RTI application - 1 first appeal - 1 second appeal - 1 penalty

    OR, can it be:

    1 RTI application - 1 first appeal - 6 second appeals - 6 penalties

    I am not clear about this at all.

    Other related hypothetical question I have is that can CIC say that total penalty is Rs 25,000 and that can be divided by 6 and penalise accordingly ?
    Twitter: @cjkarira

  8. #8
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    Re: IsPenalty of RS 250 per day per RTI Application or per PIO ?


    What we were discussing is hypothetical case.. With the type of orders we are getting from the CIC and SICs, it is futile to waste time on this issue. None of our commissions have the guts to award punishments to 6 PIOs @ Rs.25000 each even if we file 6 Second appeals. Why waste effort to file 6 second appeals ? One first appeal impleading 6 PIOs followed by one second appeal if necessitate is more than enough. In any case never expect a penalty of 6 x 25000. Our Commissions are quite capable to ordering anything, My concept is that one first/second appeal per case. Total penalty cannot exceed Rs,25000 per case.

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