2010 (2) TMI 952 - Commission - Indian Laws

RTI Application - unnecessary delay in providing the information - RTI request had been made on 9-9-2009 and the information should have been provided to the Appellant before 9-10-2009 - Instead of this the PIO has provided the information on 23-2-2010 as per his letter to the Commission - PIO has offered no reasonable cause for this delay - penalty under Section 20(1) of the RTI Act

Summary

Issues Involved:
Non-receipt of information within stipulated time under RTI Act; Delay in providing complete information by PIO; Imposition of penalty under Section 20(1) of RTI Act.

Analysis:

1. Non-Receipt of Information within Stipulated Time under RTI Act:
The RTI application sought information regarding the selection process and educational qualifications of candidates in 2009. The PIO did not reply within the stipulated time, leading to a first appeal and subsequent complaint. The PIO claimed difficulty in understanding the term "spoken English," which was clarified during the hearing. The Commission directed the PIO to provide complete information to the appellant by a specified date.

2. Delay in Providing Complete Information by PIO:
During the show cause hearing, the PIO explained that he did not provide information earlier due to discrepancies in the application and the use of terms. However, the Commission found the explanations unsatisfactory, especially considering the clarity of the RTI application. The PIO was directed to present written submissions and proof of providing information to the appellant. The Commission imposed a penalty of Rs. 25,000 under Section 20(1) of the RTI Act due to the unjustified delay of over 100 days in providing the correct information.

3. Imposition of Penalty under Section 20(1) of RTI Act:
The Commission deemed the case fit for levying a penalty on the PIO for the prolonged delay in providing information. Despite the PIO's attempts to justify the delay, the Commission found no reasonable cause for the delay exceeding 100 days. As a result, the maximum penalty of Rs. 25,000 was imposed on the PIO, with instructions for recovery from his salary in monthly installments. The decision was announced openly, and the parties were informed of the outcome free of cost, in compliance with the RTI Act.

In conclusion, the judgment highlights the importance of timely and complete information disclosure under the RTI Act, emphasizing the accountability of PIOs in fulfilling their obligations. The penalty imposed serves as a deterrent against unjustified delays in providing information to applicants, ensuring transparency and efficiency in the implementation of the RTI Act.