Monday, August 21, 2017

CIC imposes a penalty of Rs 25,000 on a CESTAT official

Business Standard: New Delhi: Monday, August 21, 2017.
The Central Information Commission (CIC) has imposed the maximum penalty of Rs 25,000 under the RTI Act on a Customs, Excise and Service Tax Appellate Tribunal official for not providing information within stipulated time frame.
Information Commissioner Bimal Julka had noted that the CIC took a serious view of the "lackadaisical/callous" attitute of Assistant Registrar and Chief Public Information Officer of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Kripa Shankar, who did not bothered to comply with his duties.
Julka said the information sought by activist and lawyer R K Jain, regarding proceedings of the tribunal and orders, has not been provided by Shankar despite the CIC orders.
In response to the CIC notice, the CESTAT Assistant Registrar put blame on his head clerk, saying the application was not presented before him and also that he was not informed about the pendency of the application.
The CESTAT is an independent forum to hear the appeals against orders and decisions passed by the Commissioners of Customs and Excise under the Customs Act.
Rejecting his contentions, Julka said apportioning the blame on the Head Clerk by the respondent (Shankar) exposed the conduct and discipline exercised by the respondent in the functioning of the public authority which is inappropriate and unpardonable.
"The Commission takes a serious view of the lackadaisical callous attitude adopted by the CPIO (respondent no 4) who has not bothered to comply with his duties as per the provisions of the RTI Act, 2005," he said.
The CIC directed the CESTAT to recover the amount of Rs 25,000 in five equal instalment of Rs 5,000 each from the salary payable to Shanker.