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Thread: CIC directs PIO to file case against Appellant

  1. #1

    CIC directs PIO to file case against Appellant


    CIC directs PIO to file case against Appellant

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    Posted by Shri Manoj Pai in Hum Janenge Group
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    In a first of it's kind decision the IC Kejriwal has directed the CPIO to file a case against the Appellant Mr. Dinesh Gohel for not maintaining any decorum in the Commissions office.
    This event occurred during hearing on 2nd January in information commission's office creating unrully scene.

    The relevant extracts from commissions order is reproduced below.

    "9. The conduct of the Appellant is, therefore, an intentional insult caused to the Presiding Officer of the Commission sitting in a judicial proceeding and the same, therefore, is an offence punishable under Section 228 of the IPC. This further reveals that the appellant never needed any information and that the application under RTI Act was moved by him only with a view to causing harassment and wrongful loss to the Public Authority. In fact, the information has been
    extracted from the PIO of the Public Authority holding out a threat of eventual imposition of penalty on him. This conduct of the Appellant is tantamount to an offence punishable under Section 189 of the IPC. Under the circumstances, the Commission, directs the
    Respondents (Station Director of All India Radio, Ahmedabad), to take steps for filing a complaint case under the appropriate provisions of penal law against the Appellant in the Court of the CMM/CJM."

    https://cic.gov.in/CIC-Orders/Decision_27022008_33.pdf



  2. #2

    Re: CIC directs PIO to file case against Appellant


    Thank you Sidmis, for this useful information. We should be cautious,while seeking information.
    Fight for the Right.

  3. #3

    Re: CIC directs PIO to file case against Appellant


    Thanks TheGreat for your encouraging words

    Why the PIO(Station Director of All India Radio, Ahmedabad) should file a complaint?

    Since the incident occured inside IC Kejariwal's office(New Delhi) it should be Kejariwal himself or his Secy/Registrar who should be filing the case against the appellant.

    Any comments?

    Sidharth

  4. Re: CIC directs PIO to file case against Appellant



    Moved to 'Appeals and decisions'.
    Thank You!

  5. Re: CIC directs PIO to file case against Appellant


    sir, I feel that the Commision i.e. CIC is not empowered to direct the respondents i.e Public Authority to file a complaint against the appeallnt for the offence punishable u/s section 228 or 189 of IPC. at the most the Commsiion would have direceted or warned the appeallnt to disist from filing frivilous RTI application. the inforamtion Commissioner himself can file a compalint since he is the affectecd party and against whom the appeallnt caused insult or intereupted the proceedings. it is not apporpraite for the commision to direct the public authority which is outsided its own jurisidictation.

  6. Re: CIC directs PIO to file case against Appellant


    This is most deplorable on the part of CIC. CPIO/FAA bluntly flouting RTI Act and rights of citizen are not even remotely or indirectly threatened of such action under IPC, while the frustrated requestor is being punished. This is against principles of natural justice and equality before law. Since the concerned IC was with AIR, he should not have heard this appeal in the first place, as it is difficult to maintain balance and fairness. The appellant should file complaint with larger bench of CIC or High Court. IC should have emphathised with the appellant and his frustration with the system.
    It takes each of us to make difference for all of us.

  7. #7
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    C J Karira
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    Re: CIC directs PIO to file case against Appellant


    The CIC has "judicial or quasi-judicial powers" as per Sec 18, 19 and 20 of the RTI Act.

    It has "regulatory and monitoring" function as per Sec 26 of the RTI Act.

    Nowhere, in any section of the RTI Act, does the commission have powers to take such a action against the appellant.

    Secondly, if the IC thinks that a offence has been committed under any section of the IPC, he himself should file a police complaint because as per the decision, the alleged offence was in the office of the CIC and the IC himself took umbrage.

    As per the RTI Act, here are no powers vested in the CIC or any SIC to order a Public Authority to take penal action. The IC seems to be using the PA's shoulders to fire his gun.

    Members might like to know that IC Mr Kejariwal has a long public servant career of 31 years with All India Radio, starting with the Films Division in 1968 and retiring as CEO Prasar Bharati in 1999
    (please see: Dr)

    Without doubting IC Mr Kejariwal, in all fairness, Mr Kejariwal should have excused himself from the case citing "conflict of interest". There is a precedent for this, when a IC excused himself from a hearing citing the reason "that the appellant is known to me personally".
    Last edited by karira; 11-05-08 at 07:37 AM. Reason: Coorection of grammatical errors

  8. #8
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    Col NR Kurup (Retd)
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    Re: CIC directs PIO to file case against Appellant


    Following are my view points:
    1. The powers of the CIC is confined to the RTI Act 2005 only. It does not give him any power to initiate any criminal action against an appellant.
    2.This orders amount to amending Section 20(2) of the Act suo motu including the appellent also. The CIC has no power to amend the Act. This is due to our own fault of not agitating against his CIC's (Management) Regulation 2007 which is an amendment to the Act making Rules not in consistence with the Act
    3. One of the alleged offence is that the appellent has caused loss to the public authority by asking unnecessary information. As per the Act the cityzen can ask any information permisible under the Act for which he is not required give any reason
    4. Another offence alleged is that the appellant causing loss to government by leaving the papers containing the information at the CIC's Office. The appellenat has paid for the information he has asked as demanded by the PA. The appellant has all the liberty to use it or not to use it the way he like it. In this case the appellant chose to leave it in the CIC's office. What is wrong in it
    5. There is no obligation on an appellant to be available on telephone or talk to the PIO on telephone or inspect the files when the Hon'ble PIO saab so desired.

    I request all members of this forum to read the full orders.
    Last edited by Shrawan; 11-05-08 at 11:38 AM.

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