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.
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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