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Thread: Appelants views regarding penalty cannot be considered

  1. #9
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    Sandeep Baheti
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    Re: Appelants views regarding penalty cannot be considered


    Quote Originally Posted by colnrkurup View Post
    Section 20 of the RTI Act is very clear. The appellant has only to prove that the offences referred to in section 20 has been committed and has absolutely no say in deciding the penalty. It is purely the prerogative of the CIC. In this case the appellant should be ashamed of showing cowardice.
    It is the prerogative of the commission to decide whether PIO has unreasonably or malafidely delayed information. Penalty is a compulsion where PIO is found guilty in the opinion of the commission.
    In this case the PIO by himself said that appellant is satisfied with the information so no penalty may be levied on him. This is a lame excuse by the PIO and there is no cowardice on part of the appellant.


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  2. #10
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    Col NR Kurup (Retd)
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    Re: Appelants views regarding penalty cannot be considered


    A strict interpretation of Section 20 of the Act expose that a mere "denial" of information is not liable for award of penalties. The PIO has to deny "WITHOUT ANY REASONABLE CAUSE " or "MALAFIDELY DENY " or " KNOWINGLY GIVE INCORRECT INFORMATION etc" or "DESTROYED THE INFORMATION" etc. to be liable for award of penalty. Further, it is the Information Commission who should be convinced that the denial is due to the above acts of the PIO. The act of conviction is descretionary. The commission "SHALL IMPOSE APENALTY" only, if he is convinced that the ibid act has been commited. It is not at all binding on the Commission to award the penalty if he find that though the information was denied, such denial was not due to the above acts

  3. #11
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    rajendra bakre
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    Re: Appelants views regarding penalty cannot be considered


    I think col. has correctly inerpreted sec 20 in post #10.

    If an appellant wants the PIO to be punished he should present his case in such a manner that commission comes to the conclusion that PIO has acted malafide.

    And if commission holds PIO guilty of malafide but does not award punishment then appellant has every right to go in for review or for writ demanding punishment.

  4. #12
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    Re: Appelants views regarding penalty cannot be considered



    COlkurup and rajub have very correctly interpreted the provisions of the RTI act. however it should be our endeavour such situations do not arise. this issue can be made a part of the awareess campaigns.

  5. #13
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    vijendra singh
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    Re: Appelants views regarding penalty cannot be considered


    Read the cic decisins delivered by Gandhiji. Some good decisions showed that even if the appellant did not pray/ did not prove the PIO erring ; the IC issued show cause notice as per RTI spirit. Such must the actions of each & every IC of our country.

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