NEW DELHI:
The CIC has held that political parties who were brought under the RTI Act were not implementing its order, calling it an “unusual case of wilful non-compliance” but said it cannot penalise them, a move that could have far-reaching effect on its writ.
The Central Information Commission(CIC) said it cannot impose any penalty on the six parties as public authorities since they have not appointed any Central Public Information Officer (CPIO) against whom such action can be taken by it.
The CIC in its order yesterday also said that further action could be taken by the Union Government or by courts.
A Bench of three former bureaucrats–Vijai Sharma, Manjula Parashar and Sharat Sabharwal–gave its order on a complaint by RTI activist Subhash Agrawal and the Association of Democratic Reforms about non-compliance of BJP, Congress, NCP, BSP, CPI-M and CPI with the RTI act.
All the three have applied for the position of Chief Information Commissioner, a key post which has to be decided by a committee comprising the Prime Minister, Leader of Opposition and a Cabinet Minister.
“It is clear that the respondents have not implemented, as public authorities, the directions contained in the Commission’s order. In this light, the provisions for penalty and compensation were examined.
“It is felt that though the respondents have not taken any step towards compliance, the legal position is such that in this case imposition of penalty and award of compensation cannot be considered,” the Bench said in its order. (AGENCIES)
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