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

Yes, PIO can and should approach the CIC under the RTI Act for its violation by the FAA and for putting penalty on PIO without such provision in the Act.  Information Commission should condone the penalty and reprimand the AA and start hearing to the case itself.  If no relief from the Commission, the PIO can go to the High Court at the second stage.

However, FAA should have mentioned in his order about the provision and the Act under which he has imposed the penalty.

 

I am not favoring the PIO and if the PIO is on fault, he must by penalised by by the Commission.  FAA cannot do this. 

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From: Vivek jadhavar <vivekjadhavar@gmail.com>
To: humjanenge@googlegroups.com
Sent: Sat, 6 November, 2010 11:52:14 AM
Subject: Re: Re: [HumJanenge] Bikaner district collector set new trend by penalising defaulting PIOs by 1000/- each

Dear Manojji,
 In RTI act, there is no provision permitting PIO to approach commission against the decision of AA.

On Fri, Nov 5, 2010 at 7:37 AM, MANOJ KAMRA <kamramk8@yahoo.co.in> wrote:

Dear Sh.Bhaskar Prabhu,     Thanks for your valued advice for PIO to approach IC.But under which provisions of RTI act. In RTI act, there is no provision permitting PIO to approach commission against the decision of AA.Please suggest the relevant provisions for relief of PIO in this case.   Manoj K.Kamra --- On Thu, 11/4/10, Bhaskar Prabhu <mahitiadhikarmanch@gmail.com> wrote: From: Bhaskar Prabhu <mahitiadhikarmanch@gmail.com> Subject: Re: Re: [HumJanenge] Bikaner district collector set new trend by penalising defaulting PIOs by 1000/- each To: humjanenge@googlegroups.com Date: Thursday, November 4, 2010, 10:41 PM 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

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