Penalty under RTI Act is mandatory: Information Commission has no power drop or reduce penalty on erring officers: HC directs

 CHANDIGARH 31.05.2016: The officials, who fail to provide information to public within time, will now face the music compulsory penalty. Justice Rakesh Jain of the Chandigarh High Court while deciding a petition of a retired teacher, has ruled that there is no power with the SIC to let off the erring officer with a warning only.

           The matter reached to High Court when a retired Teacher Chanderkanta from Kaithal filed an application under RTI Act with the District Education Officer, Kaithal, seeking information relating to the fixation of her pension and other pending dues, which was not supplied to her within the stipulated period of within 30 days, therefore, the petitioner filed appeal to the departmental Appellate Authority.  Since there was no response even to the appeal, therefore, she filed  second  appeal  to  the SIC.   One day before the date of hearing, the petitioner was provided the information and on the date of hearing, it was ordered by the SIC that the office of the SPIO-cum-Deputy Superintendent of the District Elementary Education was found responsible for delay and as such, show cause notice was issued as to why penal action be not taken against him. The SPIO appeared before the SIC and admitted his fault and tendered unqualified apology for the delay, which was of more than 100 days but vide order dated 16.06.2014, SIC warned the SPIO to be more careful in future and the proceedings issued by the show cause notice were dropped.

 Tormented by the SIC order the petitioner knocked the doors of the High Court through her counsel Pardeep Rapria. Mr. Pardeep Rapria submitted before the High Court that there is no jurisdiction with the SIC to let off the erring officer with a warning only as the scheme of the Act provides either to award punishment of  250/- per day or to award no punishment. While agreeing with the arguments of petitioner’s Advocate Pardeep Rapria the High Court while setting aside the order of the SIC ruled that the ‘RTI provision specifically stipulates imposition of penalty of `250/- for each day till the application is received and information is furnished but it should not exceed Rs. 25,000/- in all’ With these directions the HC has directed the SIC to decide the matter in terms of its directions.

SEE ORIGINAL JUDGEMENT OF HIGH COURT

http://phhc.gov.in/download_file.php?auth=Li9wZGYvZm8vQ1dQXzE3NzU4XzIwMTRfMTlfMDVfMjAxNl9GSU5BTF9PUkRFUi5wZGY=