The CIC is obviously battling for its own survival (ie. lal battis and plush Grade-7 houses in LBZ) post election with such desperate tactics :-) with even rats like former IC Omita Paul deserting its sinking ship.
PS: Does anyone remember the last time the CIC actually imposed a penalty (or took penal action) against any officer. NEVER.. Mr.H can correct me if I am wrong. <snip> http://www.zeenews.com/news543381.html New Delhi, June 30: The CIC on Tuesday decided not to impose any penalties on two officers of the department of personnel and training who were issued showcause notices for "knowingly violating and disobeying" orders of the Commission related to disclosure of "file notings" under the RTI Act. DoPT agreed that file notings can be made public under the RTI Act. The notices were issued to Dr S K Sarkar, Joint Secretary and Deputy Secretary Anuradha Chagti of DoPT for violating and disobeying Commission's order for removal of controversial entry on the department's website which said "file notings" were not to be disclosed under the RTI Act. The Commission has asked both the officers to explain why they should not be prosecuted under sections 166 (public servant disobeying law with intent to cause injury to any person), 187 (omission to assist a public servant when bound by law to give assistance) and 188 (disobedience to order duly promulgated by a public servant) of the Indian Penal Code. In the hearing today, both the officers submitted that decisions to modify the RTI portal could be taken by the Central government with the approval of the Prime Minister. The officials who were represented by counsel Satyendra Kumar Dubey mentioned during the hearing that they had forwarded the matter to the Minister of State for Personnel who then directed the matter to be placed before the Committee of secretaries for detailed examination. The Committee of Secretaries decided that secretary of the department would put up a draft for amending the information given on its website by introducing the exemption clauses available under the RTI Act "The draft will be examined and vetted by the department of legal affairs and submitted for Cabinet Secretary's approval," the counsel informed the Commission. He argued that observation of the Commission that both the officers and the department violated and disobeyed the orders passed by it was not "factually correct" and that the noticees were not competent to take decisions on the direction of the Chief Information Commissioner. Accepting the arguments put forth by the counsel, Chief Information Commissioner Wajahat Habibullah said that there would be no penalty on these officers but since there were several issues that emerged during hearing which may have bearings on the implementation of RTI Act, the matter may be referred to the full bench. The case relates to RTI application of activist Subhash Chandra Agrawal who sought criterion for declaring birthdays of departed leaders as gazetted holidays and if leaders like Subhash Chandra Bose and Jawaharlal Nehru did not fulfill the criteria. He demanded the file notings in the matter which were refused by the DoPT, which said these were not covered under the Act.
