Re: [HumJanenge] Does Complainant/Appellant have role in IC dropping Penalty proceedings...

No. Absolutely No. All that a complainant can do is submit that his
plea for award of penalty may be deleted. But the IC is not obligued
to accept it. Award of penalty is the prerogative of the IC.A
complanant has absolutely no say in it other than making it as a
prayer which may not even consider by IC

On 20/10/2011, sandeep kumar <drsandgupta@gmail.com> wrote:
> No, the appellant has no role. but at the same time, the third person
> (other than appellant/complainant) has no role to challenge the
> orders.
>
>
> On 10/20/11, C K Jam <rtiwanted@yahoo.com> wrote:
>> In two very strange orders, IC SS in the CIC, has dropped Penalty
>> proceedings against a PIO, even though there was a clear delay of more
>> than
>> 100 days on record and the show cause notice had already been issued to
>> the
>> PIO, since the complainant:
>> "submitted that he has received the requisite information to his
>> RTI-application dated 10.5.2011 from the CPIO, Air India Ltd.
>> He, therefore, does not wish to pursue his submissions for imposing
>> penalty
>> on the CPIO"
>>
>> http://www.rti.india.gov.in/cic_decisions/CIC_SS_C_2011_000357_T_68835.pdf
>>
>> http://www.rti.india.gov.in/cic_decisions/CIC_SS_C_2011_000358_T_68836.pdf
>>
>> Question:
>> Does the Complainant/Appellant have any role to play in the IC deciding or
>> dropping Penalty proceedings ?
>>
>> In hundreds of cases in the past, when appellants have insisted on
>> Penalty,
>> both SICs and CICs have ruled that it is only the prerogative of the IC to
>> impose a penalty under Sec 20.
>> If that stand is held to be correct, then surely the contrary stand (not
>> to
>> impose Penalty) also should also be only decided by the IC and not based
>> on
>> some submission of the Complainant.
>>
>> Any comments ?
>>
>> RTIwanted
>
>
> --
> Dr. Sandeep Kumar Gupta
> 989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
> Phone: 91-99929-31181
>