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2013 (3) TMI 467 - Commission - Indian LawsComplaint has been made under section 18 of the RTI Act aggrieved with the alleged misconduct of the CPIO and deemed CPIO of Central Excise & Service Tax Appellate Tribunal, New Delhi (“CESTAT”). - The Complainant in his RTI Application had sought certain information in relation to the CESTAT inquiry committee appointed by the Hon’ble President CESTAT. Held that:- It appears that the CPIO, CESTAT and the Registrar, CESTAT need not be penalized under Section 20 of the RTI Act, given the peculiar circumstances of the present case. The CPIO as well as the Registrar, CESTAT, in view of the Commission, did not act with mala fide intent or ulterior motive and were perhaps under the mistake of law, especially given the fact that the President, CESTAT being the administrative head of CESTAT had issued certain directions which were binding on the CPIO and the Registrar, CESTAT otherwise. The confusion was perhaps created since the administrative directions issued to the CPIO were conflicting with his statutory duties prescribed under the RTI Act and hence, it will be too harsh to impose penalty on CPIO/Registrar in this case. However, it will be appropriate to warn the CPIO and Deemed CPIO to be careful of making such mistakes and to not be forgetful of the code of judicial propriety which is enshrined in the scheme of the RTI Act.With the above directions, this Complaint is accordingly disposed of.
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