Our group member RTIwanted (C.K.Jam) and another have analysed CIC's penalty record from data given (very grudgingly) to them under RTI.
This is the sort of scientific and empirical data we must generate and utilise. The first thing that springs to mind is the tremendous INCONSISTENCY here. With IC(SG) this is going to be even more skewed. What are the NORMS for the CIC in this behalf? We need more information on this. For example I could disgree with Mr Karira that GoNCTD P/As are the worst violators of RTI Act. An alternative hypothesis is that being "favourably" located at Delhi and with benefit of 4 years of Delhi RTI Act, Delhi Appellants are better equipped to extract penalties from CIC. Sarbajit ANALYSIS OF CIC PENALTIES 1. The highest number of penalties (in number and value) has been imposed by CIC WH. This could be due to the large number of departments he was handling before the 4 new IC's joined the CIC. It could also be that he was handling a large number of departments from New Delhi/Delhi Government who are generally the ones violating the RTI Act. Without further information on the number of hearings held by CIC and each of the IC's it is difficult to draw a conclusion. 2. 52% of the penalties imposed have been recovered or are in the process of being recovered. In value terms, this is about 47%. However, CIC WH has the largest percentage of penalties whose "status is unknown". Once again this could be because of the larger number of cases heard by him or because these penalties have been imposed recently or simply because there is no follow up by someone in his office to check on the status. 3. IC OPK has the best "recovery" rate but also has the highest number of his penalties being challenged in the HC. 4. IC MA has imposed the lowest number of penalties (5) out of which only one penalty has been recovered. 5. IC ANT has a very low rate of recovery of penalties. Nearly 50% of the penalties imposed by him have either been set aside or the status is not known. Amongst the penalties set aside by IC ANT, there are 2 which he himself has "stayed" and another 1 which he himself has "waived" 6. IC PB has imposed only 1 penalty of Rs. 7000/- which also has been set aside by her at a later date since new facts came to light. 7. Only 5% of the penalties imposed by CIC have been challenged in court. Although most of the writs are still pending, the one writ that has been decided has been in favor of the CIC. No penalties have been dismissed by the HC. 8. Only one disciplinary action recommended by CIC WH. None by the other IC's have recommended any disciplinary action under Sec 20(2). 9. Please remember that the total number of cases disposed by the CIC till August was 16,357 10.Another RTI application to DoPT by another applicant, revealed that DoPT has spent a total of Rs. 2.00 Lakhs in publicity for RTI in the last 3 years. The least that could have been done was at least spend the total amount recovered from the penalties imposed by CIC till date Rs. 6.29 lakhs. 11.The CIC does not seem to set aside a large number of penalties it imposes only about 8% have been set aside.
