Madhya Pradesh State Information Commission (MPSIC) has set a trend in the country by starting proceedings of fine and compensation action against its Public Information Officer (PIO) and its appellant.
This is for the first time in the country when a State Information Commission (SIC) has initiated proceedings against its own officials for violation of Right To Information (RTI) Act. MP State Information Commissioner Atmadeep has issued notice to first appellant officer and Chief Executive Officer JK Jain, asking why not action be taken against him for violation of RTI
Act under Section 20 (1) that is for imposition of fine and 19 (8) that is for providing compensation to the victim party. Notably, as per these sections the guilty officer could be fined with either with Rs 250 per day from the date of not providing the requisite information or Rs 25,000 outright.
Besides, the guilty officer has to pay compensation to the party to that the information was not provided. Apart from this, the SIC would issue instruction to the concerned officer of the guilty officer for disciplinary action as per the service rules. Instructions could also be given for taking the punishment on record in the service book of the guilty officer.
Atmadeep after hearing the appeal filed by Devendra Kumar Saxena against first appellant officer and PIO instructed to issue show cause notice against both officers telling why not they be fined with Rs 25,000 besides ensuring that the appellant should get the requisite information free of cost within 15 days and submit its report before the Commission.
Both the officers have also been told through the notice to submit their clarification that as to why they failed to do the needful in the stipulated time and why they adopted serious negligence towards their duty under the RTI Act.