Although the information was not provided within the stipulated time, it cannot be said that the CPIO acted consciously and deliberately with intent to deny the information sought by the appellant and thus CIC refused to initiate penalty procedure under Section 20(1) of the RTI Act.
CIC instead has quoted High Court judgement for not initiating penalty procedure.
Penalty only if applicant proves mala fide intent of PIO
In WP(C) 3114/2007 Bhagat Singh Vs. CIC & Anrs. Hon’ble Delhi High Court vide order dated 03.12.2007 held that “……This Court takes a serious note of the two year delay in releasing information, the lack of adequate reasoning in the orders of the public information officer and the Appellate Authority and the lack of application of mind in relation to the nature of the information sought.Read more ›
While hearing the 2nd appeal, Central Information Commission decided that disclosure of information in relation to unauthorized construction and encroachment does not require clearance from any third party. The commission retreated that in a number of decisions, the CIC has held that when appellant seeks the sanctioned building plan of any third party, public authority should provide the (horizontal) sanction plan(s) of the properties of the Third Party by omitting the internal room arrangements in the plan(s). The external walls with openings and projections should be shown along with the Area Statement for all the floors which has been approved/ regularised. If you want to file RTI online, do read our guide here on how to file RTI Online.
Earlier NDMC has denied information by invoking section 8 (1) (j) of the RTI Act on the ground that the sanctioned building plan and other information sought in the RTI application is personal, while the Appellant stated that due to the unauthorised construction, extensive damage was caused to his house. Read more ›
While hearing the case and issuing compensation and show cause notice, the Central Information Commission also recommended to the Public Authority, Food & Supply Dept., GNCTD Delhi to develop a mechanism by which ration cardholders are informed about the change of shop in advance so that they are not put to undue hardship. If you are looking to understand how to file RTI Online, use this Guide of our’s to learn about it.
The Commission with the powers vested under section 19(8)(b) of the RTI Act directs the Public Authority to compensate a sum of Rs.400/ to the Appellant for the loss he suffered due to nonreceipt of information within the stipulated time period. The then PIO was also directed to show cause as to why penalty under Section 20 should not be imposed upon him for non furnishing of information within the mandatory time period. Read more ›