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2014 (3) TMI 369 - HC - Indian LawsPower of CIC or SIC - Levy of penalty on CPIO under Section 20 of RTI Act and and action ction against the CPIO u/s 18 of RTI Act - The scope of the powers of the Commission under Section 18 of the Act - Held that:- while considering a complaint made under Section 18 of the Act, the Commission cannot direct the concerned CPIO to provide the information which the complainant had sought from him. Such a power can only be exercised when a Second Appeal in terms of sub-section (3) of Section 19 is preferred before the Commissioner. As noted earlier, in his complaint, the complainant had specifically referred to the above referred order of the Apex Court [2013 (3) TMI 378 - SUPREME COURT] and had also drawn the attention of the Commission to the legal proposition, as enunciated in the above referred decision. A perusal of the impugned order would show that the Commission either did not at all advert to the above referred decision or for the reasons which cannot be gathered from the order, it decided not to refer to the aforesaid decision of the Apex Court in the impugned order. The impugned order passed by the Central Information Commission is hereby set aside and the Commission is directed to dispose of the complaint of the petitioner within four months from today, in accordance with the procedure prescribed in the Act. It is expected that the Commission henceforth will decide the complaints on merits instead of directing the CPIO to provide the information which the complainant had sought. Of course, it would be open to the Commission to give such a direction while entertaining a second appeal under sub-section (3) of Section 19 of the Act. - Decided in favor of petitioner.
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