Penalty provision

As per Section 20(1) of the RTI Act, the CIC or the SIC, has the powers to impose a penalty on the PIO, while deciding on a complaint or a second appeal.

Penalty can be imposed, if the PIO has:

1. Refused to receive an application
2. Not furnished the requested information within 30 days of receiving the application
3. Malafidely denied the request for information
4. Knowingly given incorrect, incomplete or misleading information
5. Destroyed information which was the subject of the request
6. Obstructed in any manner, in furnishing the information

The amount of penalty shall be Rs. 250.00 per day, till the information is furnished or the application is received, subject to a maximum of Rs. 25,000.00. The penalty has to be paid by the PIO from his salary and not by the Public Authority. The CIC or the SIC will give the PIO a reasonable opportunity to be heard before the penalty is imposed. However the burden of proving that he acted reasonably shall be on the PIO.

Under Section 20(2) of the RTI Act, the CIC or the SIC can also recommend disciplinary action as per the service rules applicable to the PIO.

The First Appellate Authority (FAA) or the Public Authority (PA) are not subjected to any penalty clause under the RTI Act.

Compensation provision

Under Section 19(8)(b) of the RTI Act, the CIC or the SIC, can require the Public Authority to compensate the complainant/appellant for any loss or detriment suffered. The complainant/appellant should be able to justify the claim for compensation as well as the amount of compensation sought.

Suggestion

It is recommended that the complainant/appellant specifically include a "prayer" or "relief sought" in his Complaint or Second Appeal, in case he wants the CIC or the SIC to impose penalty under Section 20(1) or recommend disciplinary action under Section 20(2).

Similarly, if a compensation is sought from the Public Authority, the complainant/appellant should make a specific mention in "prayer" or "relief sought" as well as give justification for seeking compensation and the the amount of compensation sought.