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RTI >> Judgments >> CIC >> Penalty
Supreme Court(Penalty)/ High Courts(Penalty)
31 CIC/SA/A/2015/002048
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29 Feb, 2016 Jagdish Prasad Vs. Revenue Department

Section 19(8)(b) Award of Compensation to the applicant for the detriment and inconveniences suffered by him Section 20(1) Levy of Penalty the Commission held that the public authority has a duty to inform the voter appellant why he could not get the voter card on their own. They did not choose to answer even after he legally sought under RTI Act. They failed to convince the Commission why should they transfer the request instead of answering it. It is clear that their inaction and non-response to RTI application is violation of both of his rights right to information and right to vote. The voter has right to information about action on his application for voter card and also RTI under RTI Act. Article 325 of Indian Constitution categorically mandates that there shall be no discrimination in inclusion into the electoral rolls. By negligence or inaction, the Election Office has not included the applicant's voter card in the electoral list and thus his constitutional right is breached. The Election Office to showcause why suitable compensation should not be ordered to be paid by them to the applicant.
32 CIC/KY/A/2015/000857
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22 Feb, 2016 A. M. Attar Vs. Haj Committee of India, Mumbai

Section 19(3) Second appeal to the Commission Section 20(1) Levy of Penalty Section 20(2) Recommendation of disciplinary action against the CPIO Composite Petition the Commission held that the relief provided under section 19(3) of the RTI Act, is legally permissible to be provided to the petitioner, if he wishes to file the petition u/s 19(3) of the RTI Act i.e. second appeal only before this Commission. Similarly, the reliefs provided under sub clause (1) & sub clause (2) of section 20 of the RTI Act, are legally permissible to be provided to the petitioner, in case, he wishes to file the petition u/s 18 of the RTI Act i.e. a complaint before this Commission and, however, not in otherwise. In the absence of expressed & enabling provisions under the RTI Act to file the Composite Petition, the instant composite petition is devoid of merit and deserves to be dismissed.
33 CIC/MP/A/2015/901418
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10 Feb, 2016 Nihar Panda vs National Commission for Women, New Delhi

Section 20(1) Levy of Penalty

The Commission held that the copy of the review petition filed by the NCW before the Hon'ble Supreme Court of India, cannot be provided to the appellant under the provisions of section 8(1)() of the RTI Act as the appellant was not a party to the petition and the disclosure of which would reveal the particulars of the petitioner's wife, which has no relationship to any public activity or interest.

The Commission further held that it disagrees with the decision of the respondents and observed that the appellant's RTI application was replied to by the FAA at appellate stage. The CPIO has failed Right to Information Reporter - 2016 May to respond to the RTI application, therefore, issued show cause notice u/s 20(1) of the RTI Act to the CPIO to explain the reasons why a penalty should not be imposed upon him for not responding the RTI application.
34 CIC/SH/A/2014/002977 CIC/SH/A/2014/002847
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28 Jan, 2016 Bablu Chatterjee VS. National Library, Belvedere

Section 20(1) Levy of Penalty the Commission held that the appellant returned the replies sent to him, even though in a delayed manner, and insists on imposition of penalty on the CPIO. It would appear that rather than getting the information, he is interested in getting the CPIO penalised. Nothing has been placed before us to establish a malafide intent on the part of the CPIO to delay or deny the information. Not a fit case where penalty can be imposed upon CPIO.
35 CIC/SA/C/2014/000458
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26 Mar, 2015 R.K. Jain Vs. National Green Tribunal

The appellant sought date-wise details of tickets purchased/produced for the air travel/rail travel by National Green Tribunal for a particular period. The CPIO requested the Complainant to come for inspection with prior notice of 15 days.

The Commission held that the inspection of the record is not the substitute of providing the information. While offering the inspection of records the CPIO has illegally and unauthorisedly put a condition of giving 15 days prior notice by the Complainant. The Commission directed the CPIO to show cause why maximum penalty cannot be imposed against him for the violations of RTI Act invoking section 20 and recommended the disciplinary action against him.
36 CIC/SA/A/2014/000155
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16 Jan, 2015 Subhash Chandra Agrawal Vs. Deptt for the Welfare of SC/ST/OBC, Govt of NCT of Delhi

The appellant sought to know the action taken on the report of Delhi Lokayuktha indicting former Chief Minister and some other Ministers of Government of Delhi for spending public money on advertisements and certified copies of certain other documents.

The CIC directed the Union of India and Government of Delhi to disclose its policy under Section 4 of the Act, on recommendations of Prof. Madhava Menon Committee and Lokayuktha of Delhi regarding usage of photos of political leaders in advertisements issued by the State.

As the disclosure of information involves policy decision to be taken by the Higher authorities in Government, it is not just and proper to penalise the PIO for non-disclosure of policy, who does not have any role in decision making process and in view of the observations of Delhi Lokayuktha not to issue advise/recommendation to the lower level officers, the Commission finds no ground for imposing penalty on the PIO.
37 CIC/DS/A/2011/002565
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08 Jan, 2013 Sr. Ravindra Nath Khera V.S. United Insurance Co. Ltd. Chandigah/Chennai(Sh. Roop Singh Singh Azad, CPIO & Sh. B.L. NArsimha Rao, CPIO/FAA- through videoconferencing)

Issue of Show Cause notice for not suppling the information- the appellant filed RTI application before the CPIO, United India Insurance Company Limited, Kurukshetra, seeking status in respect of the second claim in policy – the CPIO had directed appellant to access information directly form the TPA (who by itself is not a public authority) whereas the representative of the TPA had informed the appellant that information can be disclosed only at the behest of the insurer and cannot be parted with to any other person-

The Commission held that the CPIO has denied information to the appellant without any application of mind when he is fully aware of the fact that the TPA is a creature of the Company and created through an agreement/contract between the two parties for rendering service to policy holders on behalf of the Company. Therefore, it is only natural to conclude that all documents held by the TPA pertaining to the medi claim policies can be accessed by the insurer. Show cause notice issued to CPIO as to why penalty should not be imposed.
38 CIC/LS/A/2011/002896/BS/0737
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04 Oct, 2012 Mr. Nirmal Kumar vs CPIO BSNL

The Commission held that the CPIO is unable to explain why even an interim reply covering partial information could not be sent to the appellant within the mandated time of 30 days. No reasonable grounds has been offered by the CPIO for not providing timely information. Penalty imposed. Section 7(1) Section 20 (1)
39 CIC/LS/A/2011/000408/BS/0296
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12 Jul, 2012 Mr. Desh Raj vs CPIO BSNL

The appellant sought certain information from the CPIO – the CPIO in his reply stated that the information as desired by the applicant was sought from the custodian of the information i.e. Executive Engineer. It has been intimated by Executive Engineer that due to acute shortage of staff and the information being old, the office is unable to supply the desired information. The CPIO added that presently he is in a position to supply only some documents requested in the RTI application as the other documents/information are missing from the records. The Commission held that it is unable to accept the contention of the CPIO/other officers the remaining records containing the information are missing. The Commission concludes that all the concerned officers are jointly responsible for the delay in providing the information. Accordingly the Commission has decided to divide the total penalty amount of Rs 25000/- equally between those officers. Section 7(1) Section 20(1)
40 CIC/SM/A/2011/002286
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10 Jul, 2012 Shri Subhash Chandra Agrawal vs CPIO, Cabinet Secretariat

The Appellant has complained that the desired information has not been provided to him even after the lapse of more than four months – the Respondents submitted that they had been in the process of challenging CIC directions had not been carried out Section 7(1)
41 CIC/SG/A/2012/000330/18739 Penalty
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01 Jun, 2012 Ranji Anandan v Indian Bank, Chennai

Section 20(1) — Levy of Penalty for not supplying the information within stipulated period of 30 days
The Commission held that the PIO is guilty of not furnishing the information within the time specified under section 7 (1) by not replying within 30 days as per the requirement of the RTI Act. He has further refused to obey the directions of the Commission and since the delay in providing the information has been for over 100 days the Commission imposed the maximum penalty of 25000/- under section 20(1) of the RTI Act.
42 CIC/SG/A/2012/000880/18723 Penalty
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24 May, 2012 Harish Kumar Vs. Municipal Corporation of Delhi

Section 20(1) — Levy of Penalty for not supplying the information within time as prescribed under section 7(l) of the Act
The PIO had sought the assistance of Mr. Manoj Kumar Nijhawan, EE(B) under section 5(4) of the RTI Act – Mr. Nihhawan forwarded the RTI application to Mr. Gulshan Kumar, JE who failed to submit the correct and complete information within the prescribed time limit
The Commission held that in such circumstances, notwithstanding the default on the part of Mr. Gulshan Kumar, JE and Mr. Manoj Kumar Nijhawan, EE would be the deemed PIO for the purposes of Section 20 of the RTI Act and therefore, would be liable to be penalised. Since no reasonable cause has been offered by Mr. Manoj Kumar Nijhawa, EE(B) & Deemed PIO for the delay in providing the information and the delay is much in excess of 100 days the Commission imposed the maximum penalty of 25000/- under section 20(1) of the RTI Act on him.
43 CIC/SG/A/2012/0000326/18737
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03 May, 2012 Mr. Deepak Kumar vs Public Information Officer Assistant Administrative Officer Post-Graduate Institute of Medical Education and Research Chandigarh

Supply of information within stipulated period of 30 days - Delay of over 100 days in providing the information –CIC issued Show cause notice to PIO as why penalty should not be imposed on him.
44 CIC/SG/A/2012/000667/18564
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24 Apr, 2012 Mr. Harish Kumar vs Mr. Dilip Ramnani PIO & SE-I Municipal Corporation of Delhi & Mr. V. K. Bhatia PIO & SE-II Municipal Corporation of Delhi

Information to be supplied free of cost if not provided within stipulated period. Imposed penalty.
45 CIC/DS/A/2011/000501
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02 Apr, 2012 Rajpal Vs. LIC of India, Bareilly

Section 20(1) – Levy of Penalty
The PIO submitted that he joined as CPIO in August 2010 and hence, was not having the knowledge of the RTI Act at the time of the receipt of the RTI application – Whether sufficient cause for not imposing the penalty – the Commission held that the CPIO has furnished reply to the Appellant stating that the information cannot be provided u/s 2(f) of the RTI Act clearly shows the basic understanding of RTI Act prevailing with the CPIO. Thus, the submissions made by the CPIO are not credible in nature and attracts penalty under section 20(1) of the RTI Act. Penalty of Rs 25000/- imposed.
Total Case uploaded: 61