Thanks Mr Pai for mailing this landmark decision. RTI users are grateful to Shri Shailesh Gandhi, IC for his landmark decision and hope that other ICs will not be found wanting.
In my case, Mrs. Annapurna Dixit, Information Commissioner has exornated the CPIO on the plea that he has retired though his lapses were proved to the extent of even submitting three false affidavits before the Commission stating that the file has lost. On the order of the Commission, PIO even wrote to the Delhi Police twice that the file has been lost and DP has to register an NCR (Non-cognisable Report) on the second complaint.
CIC has even refused to take action against the faultering CPIO for perjury u.s. 340 of Cr. P.C. for misleading the CIC. IC, Mrs. Annapurna Dixit observed on my prayer to take action under sec. 340, "The Appellant filed another application dated 03.05.2011 invoking provisions of Section 340 of the Cr.P.C. read with Sections 191 and 193 of the IPC. This application is rejected outrightly since the Commission does not have the jurisdiction to deal with criminal jurisprudence." Thus in such circumstances, no applicant will be able to challange the CPIO's if they file wrong affidavits and lodge false FIRs or NCR claiming loss of file. The complaint complaint u.s. 340 before the Metropolitan Magistrate can only be filed by the Court/ Authority before which such false affidavit (s) have been submtted. If the plea of the Hon'ble IC is accepted, more and more ICs will falsly represent before the CIC or SIC's that the file has got lost.
On penalising the retired CPIO, the observation is, "In so far as the erstwhile CPIO is concerned, he is no longer in service and hence no penal action can now be taken against him .In view of the fact that no further action can be taken nor remedy provided under operation of the RTI Act 2005, the matter is treated as clsoed."
Enlightened members of this Forum are invited to give their views on the issue and suggest further action as per RTI Act and other laws of the land.
On Thu, 11/8/11, Manoj Pai <mpai@bsnl.in> wrote:
From: Manoj Pai <mpai@bsnl.in>
Subject: Retired CPIO penalized by IC SG
To: manojpai@yahoo.com
Date: Thursday, 11 August, 2011, 10:15 PM
It might interest you, that in recent decision IC SG has imposed full
penalty of Rs.25,000/- on one Mr. M. M. Das Retired CPIO of Employees
Provident Fund Organisation, Kolkata.
Maybe this decision could be of help to you in matters where the CPIO
denied you information and was confident that he / she would not be
imposed any penalty after retirement.
Manoj
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