Right to information
SATISH CHANDRAN
(Querist) 30 March 2012
This query is : Resolved
Is ther any appeal against the decision of RTI commission imposing a penalty on an officer for not giving information in time?
If so who is the apellate authority?
On what grounds an appeal be made by the affected party ?
Shonee Kapoor
(Expert) 30 March 2012
WRIT is the only remedy in HC.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
venkatesh Rao
(Expert) 30 March 2012
Yes, it is the Writ u/o 226.
venkatesh Rao
(Expert) 30 March 2012
Grounds can be made out on going through the order and the defence you have taken.
Sailesh Kumar Shah
(Expert) 30 March 2012
If so who is the apellate authority??
Answer: File writ before the High Court.
On what grounds an appeal be made by the affected party ?
Answer: without seeing order, grounds/opinion can not be farmed.
mahendrakumar
(Expert) 31 March 2012
rightly advise by Shailesh and other experts.
generally,information commissioners award penalty very rarely,most of the time protecting the PIOs.
Sudhir Kumar, Advocate
(Expert) 31 March 2012
But see CCS(Conduct) Rules you may perhaps need permission of department.
Rule 19 of CCS(Conduct) Rules reads that
"19. VINDICATION OF ACTS AND CHARACTER OF GOVERNMENT SERVANT:
(1) No Government servant shall, except with the previous sanction of the Government, have recourse to any Court or to the Press for the vindication of any official act which has been the subject-matter of adverse criticism or an attack of a defamatory character.
Provided that if no such sanction is received by the Government servant within a period of three months from the date of receipt of his request by the Government, he shall be free to assume that the permission as sought for has been granted to him.
(2) Nothing in this rule shall be deemed to prohibit a Government servant from vindicating his private character or any act done by him in his private capacity and where any action for vindicating his private character or any act done by him in private capacity is taken, the Government servant shall submit a report to the prescribed authority regarding such action."
Guest
(Expert) 31 March 2012
Try to justify your stand through court case.
Dr J C Vashista
(Expert) 01 April 2012
Rightly advised by experts, writ is the only option
