Central Information Commission taking recourse to the Delhi High Court Judgement, Union Of India And Ors vs Adarsh Sharma of 9 October, 2013 directed Information from Exempted Organisations to be given ‘to an extent possible’.
This was decided even though the Exempted organisation submitted that information was denied as per Section 24(1) of the RTI Act, were-in CRPF is exempted from the purview of the RTI Act, except when the information pertains to allegations of corruption and human rights violations. Read more ›
Although the information was not provided within the stipulated time, it cannot be said that the CPIO acted consciously and deliberately with intent to deny the information sought by the appellant and thus CIC refused to initiate penalty procedure under Section 20(1) of the RTI Act.
CIC instead has quoted High Court judgement for not initiating penalty procedure.
Penalty only if applicant proves mala fide intent of PIO
In WP(C) 3114/2007 Bhagat Singh Vs. CIC & Anrs. Hon’ble Delhi High Court vide order dated 03.12.2007 held that “……This Court takes a serious note of the two year delay in releasing information, the lack of adequate reasoning in the orders of the public information
officer and the Appellate Authority and the lack of application of mind in relation to the nature of the information sought. Read more ›