If penalised, approach courts in personal capacity, HC tells PIOs
Creating a precedent, the Punjab and Haryana High Court has ruled that
if the public information officer (PIO) of a department has been
penalised by a State Information Commission on account of withholding
information, the officer cannot appeal against the order through the
state. The court has held that the PIO will have to approach the court
in personal capacity.
In one such instance, the High Court has directed the Punjab
government to withdraw a petition filed by it on behalf of K B S
Sidhu, the then PIO of health department who had challenged a penalty
imposed on him by the Punjab State Information Commission. A fine of
Rs 25,000 was slapped on Sidhu in 2007 for not supplying information.
Ludhiana-based social activist Kuldip Singh Khaira had sought
information under the Right to Information (RTI) Act from the health
department with regard to rules drafted by its electro-homoeopathy
wing. For not supplying information within the stipulated period, the
State Information Commission had slapped a penalty of Rs 25,000 on
Sidhu, who challenged it before the High Court. During the resumed
hearing, a single bench of the High Court refused to entertain the
petition since the appeal against the penalty was filed by the state.
During the hearing last week, Advocate A P S Shergill, counsel for
Khaira, raised the issue that a PIO could not appeal against an order
through the state and should rather come in personal capacity.
Shergill said the state machinery could not be put to use by a PIO for
a penalty or strictures passed against him on account of dereliction
of duty. Finding merit in the contention, the High Court asked the
Punjab government to withdraw the petition. Sidhu has been given the
liberty to file a fresh petition in personal capacity.
--
Urvashi Sharma
RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com
Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )
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