1. any officer on gov't duty remains to be responsible for any acts carried out by him/her during their tenure of the job. the ex-CPIO can definitely be called to the CIC for hearing. (several such orders can be referred to)
2. Realizing penalty from a Govt employee post retirement is not a problem - it can always be deducted from their pension (there surely are some orders to this effect)
in my opinion, you should retain your stand of seeking penalty and compensation. when the CPIO prays that he has taken charge recently, you can point out that in that case, the ex CPIO should be called for future hearing, served show cause notice, before imparting the decision of CIC. time is too short, or else you could have pointed out to CIC well in advance, by filing a addendum to your appeal, that the Ex CPIO should also be called for all future hearings.
ADVICE – IMPOSITION OF PENALTY AND ITS RELISATION AFTER RETIREMENT
First hearing on my complaint u.s. 18(2) was held at CIC in April last year and since than 3 more opportunities have been given to the CPIO and after every hearing, CIC issued show cause notice to the CPIO. The CPIO first pleaded that the relevant papers are missing during the shifting but afterward, in the FIR, he informed that the entire file is missing as Mrs. Annapurna Dixit, Information Commissioner directed the CPIO to lodge the FIR for the missing papers.
On my complaint of non-compliance of the order as the FIR was lodged after two months from the deadline given by the CIC and there were some other violations of the Commission's order, I have received fresh notice for another hearing on 17.1.11. In the meantime, the CPIO has retired in December. Another officer who recorded a note without any documentary proof has also retired an year ago. Now, there is every possibility that the CIC may impose penalty on the CPIO.
I wonder if the Commission impose penalty, how the same can be realized from the CPIO as he is no more getting pay? However, due pay for the month of Dec. 10 will be released at the end of Jan.
Moreover, can I pray to call the another officer in evidence after about the existence or non-existence of any papers on which adverse comments were made by him?
I request the knowledgeable members to advise on the above.
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