Thursday, October 20, 2011

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

What is more important is that the CIC took cognizance of the email sent by "Shri Subhash Chandra Agrawal (complainant)". This is positive approach on the part of CIC in taking cognizance to complaints sent through emails.

Maybe Shri Subhash Chandra Agrawal  believes "To err is human, but to forgive is divine", so therefore he did "not wish to pursue his submissions for imposing penalty on the CPIO" As such you have to address this question to Shri Agrawal first. After receiving his response, maybe you could consider approaching the CIC later. ;-)

Manoj

--- On Thu, 10/20/11, C K Jam <rtiwanted@yahoo.com> wrote:

From: C K Jam <rtiwanted@yahoo.com>
Subject: [HumJanenge] Does Complainant/Appellant have role in IC dropping Penalty proceedings...
To: "humjanenge@googlegroups.com" <humjanenge@googlegroups.com>
Date: Thursday, October 20, 2011, 10:11 AM

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

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