The Tamil Nadu government has restrained Public Information Officers (PIOs) from engaging government counsel to argue their cases challenging penalties imposed by the State Information Commission under the Right to Information Act. A communication to this effect has been sent to all department heads and Collectors by P.W.C. Davidar, Secretary (in-charge) Personnel and Administration Reforms department.
In his letter, Mr. Davidar noted that the State Information Commission had, in September 2015, imposed a penalty of ₹25,000 on a PIO functioning at the office of the Joint Commissioner (CT), Enforcement-I, Chennai. The PIO had filed a writ petition in the Madras High Court, challenging the penalty, and hired the government pleader (taxes) to defend him. The State Information Commission wrote to the government, stating that it would be unfair if a government counsel is engaged to challenge the orders of the commission on behalf of a penalised PIO.
