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RTI >> Judgments >> CIC >> Penalty
Supreme Court(Penalty)/ High Courts(Penalty)
S.No. CIC CASE DATE OF JUDGMENT JUDGMENT
46 CIC/SG/A/2011/003705/17381
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28 Mar, 2012 Pappu Gautam Vs. PIO & AGM, Allahabad Bank, Zonal Office Lakhimpur – Kheri Radhey Complex, Lakhimpur – Kheri, UP

Section 20(1) – Levy of Penalty for not providing the information within specified period of thirty days
The Commission held that the PIO had raised an extortionist demand of Rs. 15000/- without giving any calculations as per the requirement of the RTI Act. The FAA had also not passed any order within the time frame provided in the Act. The PIO stated that that he through he could charge the fees of the cost of salary of officers who would be involved in getting the information. The Commission further held that fee has to be calculated as per the central rules and the PIO cannot arbitrarily demand any fee to discourage the applicants from getting the information. Penalty of Rs. 25,000/- imposed upon to the CPIO.
47 CIC/SG/A/2011/003750/17452
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26 Mar, 2012 Syed Waqar Ali Vs. Deemed PIO & AZI Municipal Corporation of India, Delhi

Section 20(1) – Levy of Penalty –
The Commission held that the PIO has provided false information to the Appellant. The appellant has received the information only on 06/01/2012 after a delay of 50 days. In view of this the commission imposed a penalty under section 20(1) of the RTI Act on the Deemed PIO at the rate of Rs. 250/- per day of delay for 50 days i.e. Rs. 250 X 50 days = 12500/-.
48 CIC/DS/A/2011/001580
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21 Mar, 2012 Santosh Kumar Kaushal Vs. SBI, Shimla/Chandigarh

section 20(1) – Levy of Penalty – Show cause notice issued

The Commission held that the appellant is an employee of the bank and was available to provide clarification to the CPIO / First Appellant Authority did not understand the nature of information sought by the appellant. The Commission is not at all satisfied with the explanation provided by the former CPIO for having denied information to the appellant in response to the RTI application. Accordingly as per the provisions of section 20(1) of the RTI Act, penalty of Rs. 25,000/- on the former CPIO is imposed.
49 CIC/SG/A/2011/003558/17224
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09 Mar, 2012 Khageswar Pardhan Vs. Mr. Ram Dev, Accounts Officer & the then PIO, National Institute of Malaria and Research, Sector-8, Dwarka, New Delhi

Section 20(1) – Levy of penalty for not providing the information within specified period of thirty days – Delay of period over 100 days –

The Commission held that it is very clear that Mr. Ram Dev was responsible as the then PIO. The commission held that it is fit case for levying penalty on Mr. Ram Dev, the then PIO of Rs. 25,000/- which is maximum penalty under the RTI Act.
50 CIC/SM/C/2011/000818 & 1565
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29 Feb, 2012 Subhash Chandra Agrawal v Cabinet Secretariat, Rashtrapati Bhawan

Section 20(1) — Levy of Penalty for not supplying the information within stipulated period of 30 days —
The Commission held that the order of the CIC in second appeal is final and must be carried out unless specifically stayed by the High Court or the Supreme Court of India. Even after four months of the decision, the government has not gone before the Supreme Court of India or the High Court and obtained any stay. They cannot defy the directions merely because they are contemplating challenging our order before the High Court. Show cause notice under section 20(1) of the RTI Act issued to the respondent for levy of penalty.
51 CIC/DS/A/2010/001853
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16 Sep, 2011 Mukesh Kumar Goel vs NICL New Delhi

The appellant sought certain information from the CPIO – information delayed – the Respondent submitted that there was no malafide on the part of the CPIOs in denying/delaying information and that in fact, the CPIO, had provided inspection of 53 files within one month of receipt of the RTI application and subsequently eight other files were also shown to the appellant. The Commission accepted as credible, the averments of the Respondent that there was no malafide on the part of the CPIOs in withholding/denying information to the appellant. Section 7 (1)
52 CIC/SG/A/2011/000267/11756
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31 Mar, 2011 Mr. Satish Chauhan, Delhi Vs. Mr. Ajay Arora Public Information Officer &Asst;. Commissioner (N/W), Food & Supplies Department.

The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law. From the facts before the Commission it appears that the PIO is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. He has further refused to obey the orders of his superior officer, which raises a reasonable doubt that the denial of information may also be malafide. The First Appellate Authority has clearly ordered the information to be given. It appears that the PIO’s actions attract the penal provisions of Section 20 (1). Show cause notice issued to him to give reasons why penalty should not be levied on him under Section 20(1).
53 CIC/SG/A/2011/000179/11746
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31 Mar, 2011 Mr. Mahir Raza Delhi Vs. Mr. Bhagwan Singh Public Information Officer & Dy. Municipal Secretary Municipal Corporation of Delhi

The issue before the Commission is of not supplying the complete, required information by the Deemed PIO within 30 days as required by the law. From the facts before the Commission it appears that the deemed PIO is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. It appears that the deemed PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice issued to him, and he is directed give his reasons to the Commission why penalty should not be levied on him.
54 CIC/SG/C/2010/001562/11772
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31 Mar, 2011 Mr. Chirag Saini, Delhi Vs. Public Information Officer, Municipal Corporation of Delhi.

The Complainant filed an RTI application asking for certain information. On not having received any information within the mandated time the Complainant filed a Complaint under Section 18 of the RTI Act with the Commission.
The issue before the Commission is of not providing the requisite information by the PIO within 30 days, as required by law. From the facts before the Commission, it appears that the PIO has not provided the correct and complete information within the mandated time and has failed to comply with the provisions of the RTI Act. The delay and inaction on the PIO’s part in providing the information, amounts to willful disobedience of the Commission’s direction and also raises a reasonable doubt that the denial of information may be malafide. The PIO is directed to send his written submissions to show cause why penalty should not be imposed and disciplinary action recommended against him under Section 20 (1) and (2) of the RTI Act. Further, the PIO may serve this notice to any other official (s) who are responsible for this delay in providing the information, and may direct them to submit their written submissions along with him.
55 CIC/SG/C/2010/001462/11737
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30 Mar, 2011 Mr. Aman Kumar, New Delhi Vs. PIO & Deputy Director of Education, Directorate of Education, Govt. of NCT of Delhi.

The Complainant filed an RTI application with Respondent No. 1 on 20/10/2010 asking for certain information. On not having received any information within the mandated time the Complainant filed a Complaint under Section 18 of the RTI Act with the Commission.

The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by law. The PIO’s action clearly amounts to denial of information without any reasons. The PIO appears to be guilty of not furnishing information within the time specified under subsection (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. It appears that the actions of the PIO attract the penal provisions and disciplinary action of Section 20 (1) and (2) of the RTI Act.
56 CIC/DS/A/2010/001673
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28 Mar, 2011 Shri Ashok Kumar Saxena, Moradabad Vs. LIC of India, Allahabad

The applicant preferred RTI application dated 22 October 2009 before the CPIO, LIC of India, Allahabad seeking information regarding release of payment under G I S in the name of his late wife. The CPIO vide his order dated 11 November 2009 informed him that payments are released district wise which accounts for some delay and that the particular claim would be released at an early date.
Commission issued notice to the CPIO (holder of information) to show cause why penalty should not be imposed upon him for providing vague, incomplete and misleading information to the appellant and also why compensation should not be awarded to the appellant for the loss course to him on account of this action of the CPIO.
57 CIC/DS/C/2010/000165/LS
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15 Dec, 2010 Vikram Singh Vs Department of Posts, Aligarh

The applicant filed an RTI application along with postal order of Rs.10/-. The applicant stated that the CPIO did not accept the postal order and returned to him which amount to denial of information. The FAA has provided the information and therefore CIC disposed of the appeal. Section 6(1) Section 20(1)
58 CIC/SG/A/2010/002810/10280
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02 Dec, 2010 Mr. J.N. Kapur vs Mr. V. R. Bansal Public Information Officer & SE-I Municipal Corporation Of Delhi, West Zone

The Appellant had sought information about demolition of “Mansarovar Club”- No information was supplied to the Appellant and he approached the FAA who directed that, the information should be given to the Appellant within 10 days. The PIO is guilty of not furnishing information. Show cause notice issued for levying penalty under section 20(1) of the RTI Act.
59 CIC/SG/A/2010/002951/11427
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18 Oct, 2010 Mr. P C Ramakrishnayya vs Central Public Information Officer, Regional Commissioner, Office of The Coal Mines, Provident fund Commissioner , Near Police Line, Jagjivan Nagar, Dhanbad - 826014, Jharkhand

The appellant sought certain information from the CPIO vide his RTI application.The CIC held that the PIO has denied the information without giving any reason or justification for the denial under any of the clauses of section 8(1) of the RTI Act – the PIO is guilty of not furnishing information within the time specified under sub-section (1) of section 7 by not replying within 30 days, as per the requirement of the RTI Act. Show cause notice under section 20(1) of the RTI Act issued.
60 CIC/MA/A/2009/000154
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30 Jul, 2009 Shri Franklin Caesar Thomas Vs. Ministry of Minority Affairs

The appellant seeking the following information:
(1) Did National Commission for Scheduled Castes get the two volumes of National Commission for Religious and Linquistic Report from Ministry of Social Justice and Empowerment before taking a decision for giving recommendations to Government, regarding the extension of reservations to Dalit Muslims and Dalit Christians. Please offer me the information.
(2) If National Commission for Scheduled Castes did not get the two volumes of National Commission for Religious and Linquistic Report from Ministry of Social Justice and Empowerment before taking a decision for giving recommendations to Government, regarding the extension of reservations to Dalit Muslims and Dalit Christians, from which source did NCSC get the NCRLM Report for giving comment regarding the extension of reservations to Dalit Christians and Dalit Muslims.
(3) If these two volumes of National Commission for Religious and Linquistic Minorities Reports available in NCSC, please provide me the two volumes’ Report copies. After getting information from you regarding the availability of the two volumes report documents, I can remit the required fee for getting the material.
CPIO is accordingly directed to provide a copy of the NCRLM Report free of costs to the appellant within 10 working days from the date of receipt of this order, failing which penalty proceedings under Section 20(1) of the RTI Act would be initiated. All the appeals and the Review application submitted by the Union of India stands disposed of accordingly.
Total Case uploaded: 61