[HumJanenge] Compensation instead of Penalty?

Recent decisions have shown how Chief CIC Deepak Sandhu had impose penalty on erring CPIOs for delay in providing information to RTI Applicant. However, last week, in the matter between Shri S.K. Jain, New Delhi V/s Delhi Transco Chief CIC Deepak Sandhu for nine months delay in providing the information to the applicant, instead of imposing full penalty on the CPIO, Smt Sandhu has awarded compensation to the applicant "For the detriment and harassment caused to the appellant on account of this delay, Commission directs the public authority namely DTL to pay compensation of Rs. 3000/– to the appellant within one week of receipt of the order."

Full decision at this link

http://www.rti.india.gov.in/cic_decisions/CIC_DS_A_2013_001281_T_121988.pdf

We are all aware of the Delhi HC judgment as well as the Punjab HC where penalty is mandatory and not discretionary. A through examination of the decision reveals that "Shri KG Vishwanathan, Manager (Finance)/PIO and Shri Vasu Dev, Manager (HRD)/PIO who appeared before the Commission in the same matter on 24 October 2013 and provided false and misleading information to the Commission". The decision further continues "This has wasted the time and resources of the public authority and the Commission and they are warned to be more careful in future."

Even if you read the recent Delhi HC judgment or the earlier Hon Supreme Court judgment on Section 18, makes it mandatory that full penalty be imposed on the respondents. Maybe some of our RTI Activists (Haramis) in this list might like to seek the confirmation whether the applicant has received the Rs.3 K compensation thru an RTI Application and citing Section 4(1)(d) also seek the reasons for the "quasi judicial" decision sparing the respondents with a "warning" for not imposing the penalty on the erring CPIO.

Manoj

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