Appellate authority can be ‘penalised’ for delay

Kuldip Bhatia
Ludhiana, November 21

In a landmark development with far-reaching impact on the implementation of the Right to Information Act, the Chief Information Commissioner (CIC) of the state has observed that in the first appeal cases, the First Appellate Authority (FAA) can be held responsible for delay in providing information within the stipulated period and penalty as per provisions of the Act can be imposed for compensating the appellant/ applicant for loss or other detriment suffered.

Taking cognisance of a complaint filed by city-based RTI activist Rohit Sabharwal to the Governor, the CIC has cited an order passed by the Central Information Commissioner, New Delhi, on August 24, 2009, where notice of delay occurred at the level of the FAA was taken and pinpointed. Due to this delay, a compensation of Rs 5,000 was ordered. The said order was later upheld by the Delhi HC.

In his complaint, Sabharwal had alleged that in second appeal cases, 90% of the FAAs failed to appear during the hearing before the State Commission, adding that they also did not file any reply or seek exemption from personal appearance. Further, the first appeal cases were not being disposed of as per statutory time period provided in Section 19(6) of the RTI Act.

The CIC observed that the matter of disposal of first appeal before the FAA was discussed in a meeting of the full commission and accordingly the Chief Secretary to the Government of Punjab was requested to issue instructions to all FAAs to pass speaking orders on the first appeal preferred before them within stipulated time period as per the provisions of the RTI Act.