R K JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) C.M.No.27556/2018 (exemptions)

(2.) The learned writ Court has found that the Appellate Authority who is termed as first Appellate Authority under the rules cannot be proceeded against under Section 20(2) of the RTI Act and no direction can be issued recommending disciplinary action or imposing penalty upon him. It is submitted that under Section 20(1) of the RTI Act it is only the CPIO who can be proceeded against for disciplinary action and as the first Appellate Authority is not the authority contemplated in Section 20(2), no action could be taken against him.

(3.) The learned counsel for the appellant took us through the various provisions and argued that the expression "first Appellate Authority" is nowhere defined under the Act. In fact, the same seems to be defined under the rules. However, an an appeal under Section 19(1) of the RTI Act lies to an officer who is senior in rank to the CPIO. According to the appellant, the senior officer would also include and be known as a CPIO as there is no separate definition of the first Appellate Authority in the Act. He, therefore, argued that the words "CPIO" appearing in Section 20(2) would also mean the Appellate Authority, that is to say that the Appellate Authority indicated in Section 19(1) would also be a CPIO and, therefore, the CIC had not committed any error in the matter.