RE: [HumJanenge] Bikaner district collector set new trend by penalising defaulting PIOs by 1000/- each

Pertinently, the J&K RTI Act 2009 includes a novel section (S.16.3) which
empowers AA to make reference to SIC if PIO violating JKRTI Act, but this
provision does not empower AA to impose any of the penalties
himself/herself... that power is still left to the J&K SIC. This provision
is not found in the CRTI 2005 (the equivalent section would be S.19), and
since the J&K Law Deptt has little expertise in RTI, it was presumably was
inserted at the recommendation of the former CCIC.
For relevant documents, analysis: See:
http://www.jkrtimovement.org/#Analysis

(3) Where any Officer, at the time of deciding an appeal under
sub-section (1) is of the opinion that the public Information Officer has,

without any reasonable cause, refused to receive an application for

information or has not furnished information within the tim'especified
or malafidely denied the request for information or has knowingly given
incorrect, incomplete or misleading information or destroyed information
which was the subject of the request or obstructed in any manner in
furnishing the information he or she shall make a reference to that effect
to the State Information Commission.

PL

-----Original Message-----
From: humjanenge@googlegroups.com [mailto:humjanenge@googlegroups.com] On
Behalf Of Col NR Kurup
Sent: Wednesday, November 03, 2010 11:41 PM
To: humjanenge@googlegroups.com
Subject: Re: [HumJanenge] Bikaner district collector set new trend by
penalising defaulting PIOs by 1000/- each

Though we may appreciate the enthusiasm of the District Collector
towards RTI, we cannot justify his action. The District Collector by
virtue of his powers as AA has absolutely no authority to penalise the
PIO. If the PIO has guts which I doubt, he can approach the court and
get the orders set aside. Such an action will cause damage to the RTI
rather than the present placebo.

Of cource the District Collector as the superior discipliniary
authority of the officer performing the duties of PIO can proceed
against him following the prescribed procedure and impose punishments
given in the Rules. Anyway a fine of Rs.1,000/ is not an authorised
punishment as per departmental rules.

On 04/11/2010, Vijay Kapoor <vijay99kapoor@yahoo.com> wrote:
> Long Live Dr. Raj.  India needs many more like him.
> Victor
>
> --- On Wed, 11/3/10, manoj <manojkamra@gmail.com> wrote:
>
> From: manoj <manojkamra@gmail.com>
> Subject: [HumJanenge] Bikaner district collector set new trend by
penalising
> defaulting PIOs by 1000/- each
> To: "HumJanenge RTI India Right to Information Act 2005"
> <HumJanenge@googlegroups.com>
> Date: Wednesday, November 3, 2010, 4:01 AM
>
>                  Diwali Greetings-2010
>
> First time in india, any appellate authority have penalised
> defaulting
> PIOs.Bikaner district collector Dr.Prithvi Raj have set new trend by
> directing defaulting PIOs to deposit 1000/- each within two weeks and
> appear with deposit receipt in the court of first appeal hearing.
>
>
>          Such intiative can lighten the burden of information
> commissions.We can hope for smooth RTI compliance now.
>
> With best wishes
> Manoj K.Kamra
> Bikaner
>
>
>
>
>