No information can be sought with regard to show cause proceedings initiated by the Commission
29 Jun, 2015
My second appeal was heard on 25-03-2015 by APIC to which I was unable to attend and prior intimation was given. Both the PIO and A.A are absent as per the details given in the order issued on 14-05-2015. My application to the PIO of a Public Authority is for supply of a copy of show cause notice issued to that PIO, explanation submitted by the PIO, decision order of APIC after perusal of explanation and hearing personally the PIO and recovery / remittance particulars if any penalty imposed by APIC in ANOTHER CASE FILED BY ANOTHER APPLICANT(not my application) in which the APIC ordered to issue SHOW CAUSE NOTICE to the PIO and the subject will be dealt separately. The decision dated 14-05-2015 of APIC is as follows:
In this context it could be relevant to quote the decision of the Delhi High Court in W.P.(C) 8041/2014, dated 27-04-2015 wherein the Court observed thus :-
".........The Act does not provide for the CIC to hear the complainant or the appellant in the penalty proceedings, though there is no bar also there against if the CIC so desired. However, the complainant cannot as a matter of right claim audience in the penalty proceedings, which are between the CIC and the erring Information Officer. There is no provision in the Act for payment of penalty or any part thereof if imposed, to the complainant......"
An inference can be drawn from the above passage that neither complainant nor appellant can seek any information with regard to show cause proceedings initiated by the Commission. Accordingly, the request of the appellant is rejected.
My second appeal heard on 25-03-2015
APIC order dated 14-05-2015 citing the Hon'ble Delhi High Court's order dated 27-04-2015 i.e., after hearing my 2nd appeal. Is this judgment applicable to my case? If applicable, there is no word about non-responding by the PIO to my application and absence of both PIO and A.A to the hearing. Without any claim from the PIO/ A.A, the APIC issued order as above. The decision of Hon'ble Delhi Court's order is regarding audience of the applicant in the penalty proceedings but not about supply of the copies of the proceedings. In some cases, the penalty proceedings i.e., show cause notice issued to the PIO, explanation submitted by the PIO and orders of APIC after perusal of explanations are available in public domain.
Pulivarthi Narasimhulu, Guntur, Andhra Pradesh.
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