Re: [rti_india] Not job of the Commission to ensure recovery of penalties imposed

Tuesday, January 20, 2015

Re: [rti_india] Not job of the Commission to ensure recovery of penalties imposed

On 1/21/15, C K Jam rtiwanted@yahoo.com [rti_india]
<rti_india@yahoogroups.com> wrote:
> When the CIC and the SICs do not allow the appellant who prayed for penalty
> / disciplinary action to take part in the show cause / penalty proceedings,
> how can he take on the job of recovery of penalty / imposing disciplinary
> action.
> If Commission cannot do it, then how can a ordinary citizen be expected to
> do it ?
> Just bizarre !
>
>
>
> Baidhyanath Prasad Singh vs The State Of Bihar & Ors on 5 January, 2015
>
> | |
> | | | | | |
> | Baidhyanath Prasad Singh vs The State Of Bihar & Ors on 5 January,
> 2015Patna High Court - Orders Baidhyanath Prasad Singh vs The State Of Bihar
> & Ors on 5 January, 2015 |
> | |
> | View on indiankanoon.org | Preview by Yahoo |
> | |
> | |
>
>
> The grievance appears to be that though in certain cases fines are being
> imposed on Public Information Officers by the Information Commission on
> account of violating the provisions of the Right to Information Act, no
> steps are taken to collect the same. Another complaint is that even though
> the fine collected, the same is not accounted for. It is alleged that no
> steps were taken either for recovering the fine amount or to punish the
> guilty officials.On behalf of the respondents, no counter affidavit has been
> filed.
> Heard Mr. Madhu Prasun, learned counsel for the petitioner, and Mr. Lalit
> Kishore, learned Principal Additional Advocate General, appearing for
> respondent Nos.4, 5 and 6.
> Though the objective underlying the Right to Information Act is laudable, in
> certain areas, it has been pressed into service, for the purposes which are
> not at all contemplated by the legislature. The Act and the Rules are
> almost, a self-contained code. If a person, who is under obligation to
> furnish information, fails to do so, he is liable to be fined and/or
> subjected to disciplinary action.
> Even where fine is imposed or disciplinary action is ordered, it is no part
> of the duty of the officials who passed the order to ensure that fine is
> recovered and disciplinary action is taken. At the most, it is a case for a
> person at whose instance fine was imposed; to insist on the recovery
> thereof; and third party has no right to seek a general direction for
> recovery of the fine. It is as good as a Civil Court being placed under
> obligation to recover the amount covered by a decree.
> We do not find any merit in the writ petition. It is, accordingly,
> dismissed.The interlocutory application, if any, shall stand disposed of.
> There shall be no order as to costs.
>