Abuse of RTI by applicant who himself misplaced record, Misled CIC to impose penalty, CIC Sridhar withdraws penalty, Admonishes the Misuser. Penalty waived; appellant admonished for abuse of RTI & disciplinary action recommended 11 Dec, 2014 Appellant admonished for Abuse of RTI and Recommended action for recovery and discipline, etc. Summary: This is a case of serious misuse of RTI and suppression of record by the appellant himself for securing undue benefit of encashment of leaves which he has already availed. From the depositions and submissions of various officers harassed by him it is revealed that the appellant himself misplaced the record with the support of dealing assistant, and started asking for that record through RTI applications, which caused several rounds of hearing. The Commission was misled by this duo leading to imposition of penalty on an officer who was technically assumed to have suppressed the file. However imposition of fine of Rs 25,000 caused the wonder and misplaced file was discovered in a combined effort of all officers who were victimized by his RTI. With the discovery of file, the fact of false claim of 19 days EL was revealed and fortunately the officer who was fined based on the complaint of appellant was saved. Exercising powers under Section 18(2) the Commission directs the public authority to conduct inquiry against the appellant and his supporter for ‘suppression of files’, false claim of 19 days Earned leave, causing criminal wastage of time of several senior officers, causing mental harassment for the colleagues for which they are entitled to initiate separate legal actions individually, causing wastage of this Commission’s time and to collect appropriate amount of damages from him. The Commission also recommends the public authority to initiate action against appellant and his assistant as his misconduct could amount to a crime under Indian Penal Code and Public Record Act, 1993 resulting in appropriate penalty under law. The Commission records its admonition against him for this gross misuse of RTI and directs the Public Authority to put this order in public domain and notice board so that unscrupulous abusers feel ashamed of abusing RTI. Read more at: rtifoundationofindia/appellant-himself-misplaced-record-support-dealing#.VKwbHiuUeho
Posted on: Tue, 06 Jan 2015 17:31:59 +0000
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