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 !
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.
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Posted by: C K Jam <rtiwanted@yahoo.com>
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