Court Quashes Penalty and Disciplinary Action in RTI Case, Citing Unjustified Delay and Inadequate Consideration of Explanation... published at LexSonic.

Court Quashes Penalty and Disciplinary Action in RTI Case, Citing Unjustified Delay and Inadequate Consideration of Explanation.

17 October 2024 RTI – Right to Information >> Miscellaneous

The petitioner, represented by Mr. Yogendra Rajgor, challenged an "adjunct" order passed by the Central Information Commissioner on 18 September 2017, which imposed a penalty of Rs. 25,000 on the Public Information Officer (CPIO) for failing to provide complete information under the Right to Information (RTI) Act, 2005. The order also recommended disciplinary action against the CPIO.

The petitioner contended that most of the information had been provided, and the delay in providing some information, particularly the reasons for a three-year delay in a disciplinary case, was justified. The petitioner argued that the RTI Act did not require the disclosure of reasons for delays in cases, as such reasons are not "information" under the Act.

Miscellaneous-RTI %E2%80%93 Right to Information

The second respondent, who had filed the RTI application, raised objections about the procedural fairness of the petitioner’s response and the delay in providing the information. The second respondent also argued that the penalty was correctly imposed, as the delay was not satisfactorily explained.

Upon reviewing the case, the Court held that the requested reasons for the delay were not within the scope of "information" as defined by the RTI Act. The Court also found that the explanation for the delay, citing personal bereavements, was reasonable but had not been properly considered by the Central Information Commission. Given these factors, the Court quashed the penalty and disciplinary recommendations, ruling that they were unjustified in this case.

Right to Information Act, 2005