PENALTIES SPECIFIED UNDER RIGHT TO INFORMATION ACT 2005

PENALTIES:- (1) Where the Central information Commission or the State information commission, as the case may be, at the time of deciding any Complainant or Appeal is of the opinion that the Central public information officer or the state public information officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7or malafidely denied the request for information, or knowingly given incorrect, incorrect or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty five thousand rupees :Provided that the Central public information officer or the State public information officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him. Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central public information officer or the State public information officer, as the case may be. (2) Where the Central information Commission or the state information commission, as the case may be, at the time of deciding any complaint or Appeal is of the opinion that the Central public information officer or the State public information officer as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub section (1) of section 7or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend the disciplinary action against the Central public information officer or the State public information officer, as the case may be, under the service rules applicable to him.

PAY COMMISSION REPORT (3-1-2022) MUST BE IMPLEMENTED TO FOLLOW ACPS UNDER THE PROVISON OF CLUBBING OF POSTS AND FUNCTION, AS PENALTIES DECLARED ILLEGAL PROCEEDINGS AGAINST THE FUNCTION OF PROMOTIONAL LEVEL PLACEMENT, SO ISSUED FOR CADRE IN SENIORITY WITH DESIGNATED POST EAE AND XEN PREFERRED IN THE SECOND CHANNEL OF PROMOTION.

The department of the Administrative reforms and the DOPT has time and again issued necessary clarification to the all concerned departments regarding to decide the former cases of the preferred second channels of promotion so issued by the department of the HP finance during 1-1-86 to 1-1-1996 for which the cadre post of junior Engineers too upgraded with the designated post EAE on 3-10-1991 after eighteen years of Regular service in the scale and grade for which the cadre in seniority had been declared responsible to follow option and preference and opt at the level of promotion to EAE in semblance to the others working in the joint cadre of AEs and the XEN but instead of action of clubbing of posts prescribed by the HP finance and personnel the department of HPPWD enforced penalties like reduction in grade and with held of increments even denied by the court of law and too by the HP finance memo number Fin -C -B (7) - 9/78 -111 dated 28-7-84 is proof and evidence on the record but ignorance of law code manual prefixed by the government at higher level still enforced and continued for which the Department of Finance has again issued clarification vide pay commission report dated 3-1-2022 where in it is clearly mentioned that increments of the senior government employees should have not been withheld/stopped by way of penalty or otherwise however no monthly statement issued by the HPPWD in this behalf even this much cross and pass of the pay commission report issued so on 3-1-2022 for which the necessary documents processed before the department of Administrative reforms from where necessary action has been demanded from the department of HPPWD but nothing concrete has been done so for in the matter .As such the government is responsible to protect the cadre in seniority who has preferred second channels of promotion since 1-11-92 prior to 1-1-1996 under the instructions laid down by HP finance and personnel and HPPWD is responsible to issue monthly statement of cases pending finalisation over 3 months as due on 3-1-2022 failing which the Department of Administrative reforms may Report the such delay and dereliction of duty to respective Chief Secretary of the government for action under law code manual prefixed by the government and too by the Constitution of India.

RESPONSIBILITY OF THE DESIGNATED OFFICER AND ANY OTHER OFFICER(S) AND IMPOSITION OF THE PENALTIES

PENALTIES UNDER (RTS) ACT-2011:-- Where the second appellate authority is of the opinion that the designated officer has failed to provide service or has caused delay in providing such service without sufficient and reasonable cause , then he may impose a lump sum penalty which shall not be less than one thousand but not more than five thousand rupees. Provided that the designated officer shall be given a reasonable opportunity of being heard before any order of penalty is passed against him .(2) The second appellate authority may order to give any amount as compensation to the appellant from out of the penalty imposed under this section, but the amount of such compensation shall not exceed the amount of penalty imposed , provided that any penalty imposed under this section on the designated officer for delay in providing the service or refusal to provide the service shall be borne by such officer in personal capacity but not as a functionary of the state government unless the second appellate authority directs otherwise , provided further that the second appellate authority may,after hearing the designated officer,apportion the amount of penalty amongst designated officer and any other officer(s) as may be found to have contributed to such denial or delay in providing the service.(3) It the second appellate authority is satisfied that the designated officer has failed to discharge the duties under this Act, without sufficient and the reasonable cause, then it may also recommend to the appointing or disciplinary authority of the designated officer that disciplinary action under the applicable service rules be also initiated against such officer .

STATE GOVERNMENT IN PWD WILL BE THE APPELLATE AUTHORITIY WHILE WORKING IN THE RDD ( JE& AE)

APPOINTING AUTHORITY / DISCIPLINARY AUTHORITIY/ APPELLATE AUTHORITIY:-- The state government vide notification number 2-4/71- Fin(Reg) -11,dated the 30arch ,1974decided that the Central Civil Services Rules will be deemed to have been in force in Himachal Pradesh in respect of various matters covered by them .The appointing and Disciplinary authoritiy in respect of the class 1 to class 4 have been specified separately.The orders contained in notification number 88-45/56 -DP Apptt -11 (1) ,dated 18 May 1974 and 20 September ,1975 shall stand modified to the above extent in so for as they relate to the Assistant Engineer and the junior Engineer of the public Works Department working in the Rural development department.As such the competent authority to impose penalties wrto item number 1to 4 of rule 11of CCS & CCA Rules 1965 is HOD in the RDD and wrto item number 5to 9 of Rule 11of CCS&CCA Rules 1965 HOD in the PWD however in case of penalties specified wrto item number 5to 9 of Rule 11appellate authority will be the State government in the PWD as per the notification No Per(AP -11)A(3) 1/74(1) dated 15-12-1978.

GOVERNMENT IS RESPONSIBLE TO PROVIDE JUSTICE AND THE REQUIRED TRANSPANCY AS WELL AS THE GOOD GOVERNANCE AND ACCOUNTABILITY

HOW ONE COULD GET BENEFITS OF THE SYSTEM FOR GOOD GOVERNANCE AND TRANSPARENCY IN THE ADMINISTRATION:-- It is very difficult to get the problem of transpancy in administration and removal of corruption resolved till the RTI act publications are too and too followed by the public authorities responsible to protect the fundamental rights of the society and circle for which the employment has been given to the people selected by the government under law code manual of the provision made in this behalf of the working and monitoring as well as evaluation of implementation of the law code manual prefixed by the constitution of India. If any thing has been ignored by the Public authorities related to the good governance and accountability that becomes a due responsibility of the government to look into the matter and take cognizance of the wrong interpretation of the law code manual however the SIC and CIC are taking no cognizance of the delay in deciding the cases even wrong interpretation of the RTI act publications are encouraged to harass the RTI activists working for the welfare of society and circle .The matter has been brought to the notice of the Public authorities and the Department of Administrative reforms as well as the GAD to appoint qualified and experienced as well as expert employees against the posts of PIOs and the other concerned for duty under the RTI act publications however no action has been taken by the government authorities to improve the existing standard and system of appointed employees working for the good governance and accountability in the places where RTI cases are dealt with the comments and suggestions for the agenda of deciding the cases related as to the wrong interpretations of the informations provided to the citizens of Society and circle demanding free and fair justice from the system of governance and charter of public accountability for which the government is responsible to deliver the information under provisos to the act ibid failing which there is no logic to defend the system of good governance and accountability as RTI act publications are not working in the charter of duties and responsibilities prefixed by the study of protocol mentioned in the law code manual of the RTI act publications for taking benefits of the good governance and charter of public accountability required to be maintained by the Public authorities in this behalf by way and virtue of which the penal action against the defaulters could not be ignored and deleted for which the SIC and CIC are only responsible to take further cognizance of the section 18 to 20 and improve system of the working scheduled under law code manual of the RTI act 2005  particularly issued for the welfare of Common man facing problems due to corruption and delay in deciding the cases at every level of the public authorities

SICs AND THE CIC MUST AGREE WITH IN THE. SCHEDULE OF PROVISION AND THE PUBLICATIONS

IS THE RTI ACT DYING  AND LOSING STEAM :-- The RTI act publications have been empowered to initiate the process of transpancy in the administration and removal of corruption from the society and circle for which the 1.75 Crore people have used and exercised their empowerment delivered by the study of protocol mentioned in the RTI act publications since 2005 .A study of the economic Times says that in the whole number of cases only sixteen thousand penalty cases have been ordered by the SICs as well as the CIC. 6 percent fall in the number of cases have been realised by the study of impact assessment realised by the economic Times in the last two years while conducted the assessment of GOI public authorities in the 1950 public authorities which clearly indicates that the CIC has failed to decide the pending cases well with in the schedule of charter for accountability mentioned as in the RTI act publications and required to be maintained by the study of protocol discharged with the duty by CIC in this behalf of the redressal of grievances of the RTI activists facing problems due to non compliance by the PIOs as well as the FAA in the central government offices .The State of Maharashtra has been declared at number one with the position of Karnataka at number two is a clarification under the observation noticed by the study of impact assessment realised by the economic Times which indicates that people of both the states are awared about their fundamental rights and responsibilities and using their exercise of empowerment so delivered in this behalf by the constitution of India since 2005 .The National compaign committee working for the agenda of discussion and meetings for training and workshop of the new era entrants joining the various class of groups in this connection is leading under the guidance of former CIC Shri Sailesh Gandhi ji from the state of Maharashtra as well as other connected with the class of groups since lock down period and curfew which has attained successful objectives as required for the good governance and charter of public accountability in the administration is proof and evidence on the record of the Supreme court of India as well as the High courts however more and more training and workshop programs are required to be arranged at every level of the class of groups is definitely a need of the time and hours

IN THE CASES OF THE ERADICATION OF THE CORRUPTION FROM THE GOVERNANCE RTI ACTIVISTS MUST HAVE SUPPORT OF THE CIVIL SOCIETY WORKING FOR THE WELFARE OF SOCIETY AND CIRCLE

Every RTI activist is responsible for the act and conduct of filing his RTI application before the Public information officer where he does want to do so . According to the compliance made by the PIO on his application he further proceed before the FAA as well as the SIC and CIC under the provision of the RTI act publications. There are number of citizens who have filled the RTI applications for their personal use and exercise of the RTI act publications however reluctant to join any group of the RTI promotion and wellness drive continued for the welfare of society and circle, more over every citizen of country has been empowered to initiate the process of RTI act publications as per the act and provision made by the government.Furthet it is submitted in the matter that all the government functionaries are expected to assist the.government in eradication of the corruption and the government too expects the public to assist it in the field of cooperation however the official responsibility to root out the corruption in field of the governance rests with the heads of office/ department.As such in the ongoing system of governance people as facing the corruption and non compliance of the charter of public accountability are working for the transparency in the administration and also to bring charter of public accountability by way and virtue of which non compliance has been taken a serious offence under the RTI act and penal action has been declared essential for the welfare of society and circle.The fight against this cause of the public accountability could not be considered wrong and unjustified however people are reluctant to join hands with the group of activists working for the agenda of eradication of the corruption .Under these conditions and circumstances of the mis-demeanour on the part of the Public servants unity at every level of the RTI promotion and wellness group activities are collectively required to be maintained by the RTI activists for which necessary federation and organisation is definitely required to be organised at every level of the strength as well as the monitoring and evaluation of implementation of the RTI act publications

HOW TO FINALIZE THE PENALTY AGAINST THE CORRUPT GOVT EMPLOYEES

The vigilance department may report the administrative department to institute the departmental proceedings for imposition of a major penalty or the minor penalty as the case may be than the disciplinary authoritiy proceeds under Rule 16(1) (b) of CCS & CCA Rules  1965  or provision of rule 16(1-A) of these Rules are attracted than the enquiry may be entrusted to the Commissioner for the departmental enquiries or the Director of the departmental enquiries. However in the case of special circumstances Administrative Department may approach the Vigilance department to entrust the oral enquiry and in such cases the vigilance will consider the request of the administrative Department and will give final advice which is required to be accepted by the administrative Department.In cases of the preliminary enquiries by the anti corruption unit if a prima facie criminal offence is made out the anti corruption unit will register the case for regular investigation in consultation with the Vigilance department.