A recent adjunct decision Smt Savant Kumar v/s Min of Home. Gist below Thus the pendency of the file is clear. It lay with CPIO Shri M. M. Chopra and Shri Manojit De, Under Secretary from 22.12.06 to 12.1.07. However, it was not put up to his successor Shri Parvir Pandey on that day nor was it mentioned in any charge report, as indeed there was no handing over note from Shri Mishra. It was then pending with Shri Parvir Pandey from 23.1.07 to 6.2.07. The total liability for penalty @ Rs. 250/- per day from 23.12.06 to 6.2.07 amounts to Rs. 10,750/- allowing for a day each in receipt and dispatch.
The following are therefore found liable as below: 22.12.06 to 29.12.06 Shri MM Chopra= Rs 1750/- 29.12.06 to 23.1.07 Shri Manojit De and Sh. P.K. Kaul for the periods, they were serving as Under Secretary.=Rs 6,000/- 23.1.07 to 6.2.07 Shri Parvir Pandey.=Rs 3000/-, We cannot agree that when CPIOs and Under Secretaries are present a Section Officer be held liable unless it is clearly demonstrated that he has failed to comply with specific orders. Hence Shri DK Saxena SO is not held liable for penalty but is cautioned to exercise greater caution in servicing RTI applications for which he has responsibility. Shri Parvir Pandey and Shri Chopra have already been given the opportunity to explain their positions as required under proviso to sec. 20(1). Shri Madhukar Gupta Secretary Home is therefore directed to recover the amount shown against each either directly or by deduction from their salaries by June 3,2005 and deposit the same with Pay and Accounts Officer, CAT C-1 hutments, Dalhousie Road, New Delhi-110011. Now, however, Under Secy. Shri Manojit De at present Under Secretary (WAKF & Vigilance) Ministry of Minority Affairs, CGO Complex, Paryavaran Bhawan, New Delhi-110003 and Shri P.K. Kaul who continues in the Home Ministry will appear before us personally on 12.6.2008 AT 10.30 A.M. To explain why they should not be held liable for penalty for the period described above. They may in the alternative submit their written statements on the subject to us by 20.5.2008. Full decision at following link http://cic.gov.in/CIC-Orders/WB-05052008-02.pdf Manoj Pai Ahmedabad ____________________________________________________________________________________ Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ
