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Thread: Right to Rebuke/Reprimand

  1. #1

    Right to Rebuke/Reprimand


    Right to Rebuke allowed by CIC

    Do the Appellate authority has any right to scold/reprimand/rebuke the appellant or info seeker apart from deciding on RTI issues?

    Yes he can according to CIC.

    The appellate authorities are given a virtual Carte Blanche on this by the CIC.

    This funny aspect was decided by CIC Shri Habibullah in a decision last year.

    According to him an appellate authority can admonish an appellant using polite language. But he was silent on the various circumstances under which this admonition can occur. It is left to the conscience of the AA to what extent he can go with his admonition.

    Surprisingly his order does not dwell with any admonition to the PIOs as if PIOs are above admonitions.

    Let's hope these official should not go beyond decency and start admonishing the info seekers in every go. That will create a sad story.

    A part of the decision is given below.

    DECISION NOTICE
    The issues before us in this appeal were:
    1) the disclosure of file noting in three files.
    2) Misbehaviour of Appellate authority with appellant
    The disclosure sought having been done; the cause of action now abates. On the question of misbehaviour we cannot consider the use of polite language of reprimand as any more than an admonition, which is well within the discretion of a presiding officer in a quasi-judicial proceeding. The appeal therefore stands disposed of.
    Announced in the hearing. Notice of this decision be given free of cost to the parties.


    https://cic.gov.in/CIC-Orders/Decision_03122007_01.pdf



  2. #2
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    Re: Right to Rebuke/Reprimand


    During my next First Appeal hearing, I will use "polite language" and my own brand of humour to get the "message" across !

    I will also record the proceedings on my mobile phone so that CIC/SIC gets to hear it, if the matter goes to Second Appeal (just in case the PIO or AA think I am admonishing them).

  3. #3

    Re: Right to Rebuke/Reprimand


    I will also record the proceedings on my mobile phone so that CIC/SIC gets to hear it, if the matter goes to Second Appeal (just in case the PIO or AA think I am admonishing them).
    Is that allowed?

    It's time to insist upon Video Recording of proceedings of all First Appeal Hearings and CIC/SIC hearings.

    Sidharth<!-- google_ad_section_end -->

  4. #4
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    Re: Right to Rebuke/Reprimand



    The CIC is not a court of records. Quotting his earlier orders does not mean anything. Even the CIC himself may not abide by his previous orders. The CIC or anyone in the chain of command has any powers to rebuke or reprimand an appellant. He has no jurisdiction to step outside the powers vested in him under the RTI Act 2005. In case the CIC resort to it it is nothing but ' MISBEHAVIOUR' on his part. Its remedy is given in Section 14 of the Act.

  5. Re: Right to Rebuke/Reprimand


    We should have a test check of audio recording at CIC. In the appeal we can mention for permission to audio-record proceedings. When proceeding of parliament can be video recorded, why not CIC/FAA? Perhaps even supreme court may follow video recording.
    It takes each of us to make difference for all of us.

  6. Re: Right to Rebuke/Reprimand


    My ever demanding friends..
    There should be a right to recall of the officials..
    Today one can find n number of persons challenging govt officers that under RTI they can take away their jobs...this thread also sounds in similar fashion..
    I think RTI should be amended to include if more than 10 persons certify that AA or CIC is wrong then AA or CIC has to prove that they r not wrong...
    It will add another feather in the RTI punches...
    I think whole of the office complexes should be having CC cameras with live telecast on utube..
    Later on it can be extended to the govt allotted houses as these r also public properties so naturally the public has a right to know....

  7. #7
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    Re: Right to Rebuke/Reprimand


    Quote Originally Posted by sagginyou View Post
    I think whole of the office complexes should be having CC cameras with live telecast on utube..
    Later on it can be extended to the govt allotted houses as these r also public properties so naturally the public has a right to know....
    How will it serve any purpose ?

    Although I am not a Public Authority as defined in the RTI Act 2005,
    but am still willing for this.

    As a budding Officer, are you ?

  8. #8
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    Re: Right to Rebuke/Reprimand


    This country has more than enough laws to face any crime. Certificates of 10 people can eaisly obtained paying @ Rs.50/- each and another 20 certificates from others certifying that they are false by paying @ Rs.100 each. So the suggestion does not work
    The bureaucrates themselves being the virtual law-makers, they have been escaping from every effort to bridle them. To the goodluck of WE THE PEOPLE OF INDIA by a rare miracle, we got the RTI Act through which will look after the corrupt buureaucates and assist to catch the corrupt one. Our RTI Act does not need any amendments for the time-being except bringing the Information Commissions also accountable and bringing in a Central Agency to coordinate the activities of all the Commisions lest some of them behalve themselves without any control or accountability.
    Honest government officials have nothing to worry; but the corrupt have
    to face the law. In general I find only those who indulge in corupt practices are only getting gittery and oppose the RTI Act. So are the Thiefs, Murderers and Anti-national Activists will be too happy if we get rid of IPC, CrPC and other laws of the land. If the corrupt/ criminls get majority they can defenitely amend the laws of this country to acommodate their crimes. It is WE THE PEOPLE OF INDIA's concern to see that they do not get majority. RTI is one of the tools in our hand to expose all their corrupt and unlawful activities. Of cource it will not be to their liking. But sorry ! ! ! Can't Help.

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