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

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

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