This is totally illegal and just praising for illegal action is uncalled for, there is no provision in RTI Act to do such voilative things showing himself to be a Messiah. Only he could do was to call for an internal departmental enquiry under service rule as RTI Act is work under service rule. Central govt and many state govt have taken GRs for to call for an departmental enquiry if the PIOs don't adder to RTI act and/or if appellate authority is not of that position then as appellate authority he need to inform the concerned higher ups to call for the departmental enquiry and this need to be entered service record, this can be prayed in 1st appeal prcess. and this will be of very much use full as substantiating matter for 2nd appeal with IC. 1st appellate authority can recommend to IC for penalising the PIO. Even if the information is ordered to be given by Ist appellate authority, penalty part can be appealed with IC as delay matter remains pending. I feel PIO should go IC by appeal and ist appalate authority should be educated on this matter.
PIO need not go to court but need to be complain to IC and leave the matter to IC PIO can apeal for censoring of 1st appellate authority. In Maharstra in the beginning many AA were doing these wrong things but we tell in each of the workshop that ist appellate authority does not have any right to levy penalty under RTI but they can levy penalty under their provision service rules after calling a enquiry for wrong conduct or work deficiency.
Inservice for RTI
Bhaskar
Mahiti Adhikar Manch
On Thu, Nov 4, 2010 at 9:13 AM, leslie almeida <leslie_almeida@rediffmail.com> wrote:
This order is Divali bonus must welcome, pendancy of 2nd appeal will come down drastically
Leslie Almeida
On Thu, 04 Nov 2010 06:54:40 +0530 wrote
>GREAT. SUCH JUDGMENTS WIOLL HELP RTI.
JOHAR
On 3 November 2010 16:31, manoj wrote:
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
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