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Penalty only if applicant proves mala fide intent of PIO

applicant proves mala fide intent of PIOAlthough 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 ›




Unauthorized construction and encroachment does not require clearance from any third party

Unauthorized construction and encroachmentWhile hearing the 2nd appeal, Central Information Commission decided that disclosure of information in relation to unauthorized construction and encroachment does not require clearance from any third party. The commission retreated that in a number of decisions, the CIC has held that when appellant seeks the sanctioned building plan of any third party, public authority should provide the (horizontal) sanction plan(s) of the properties of the Third Party by omitting the internal room arrangements in the plan(s). The external walls with openings and projections should be shown along with the Area Statement for all the floors which has been approved/ regularised. If you want to file RTI online, do read our guide here on how to file RTI Online.

Earlier NDMC has denied information by invoking section 8 (1) (j) of the RTI Act on the ground that the sanctioned building plan and other information sought in the RTI application is personal, while the Appellant stated that due to the unauthorised construction, extensive damage was caused to his house. Read more ›




Evolve a mechanism by which ration card holders are informed about the change of shop in advance

Change of Ration Card shopWhile hearing the case and issuing compensation and show cause notice, the Central Information Commission also recommended to the Public Authority, Food & Supply Dept., GNCTD Delhi to develop a mechanism by which ration cardholders are informed about the change of shop in advance so that they are not put to undue hardship. If you are looking to understand how to file RTI Online, use this Guide of our’s to learn about it.

The Commission with the powers vested under section 19(8)(b) of the RTI Act directs the Public Authority to compensate a sum of Rs.400/­ to the Appellant for the loss he suffered due to non­receipt of information within the stipulated time period. The then PIO was also directed to show­ cause as to why penalty under Section 20 should not be imposed upon him for non­ furnishing of information within the mandatory time­ period. Read more ›




Can clerical mistake condone penalty?

clerical mistake condone penaltyWhen Public Information officer of Delhi Subordinate Services Selection Board apologized for the clerical mistake, CIC accepted the explanation and dropped the penalty proceedings. Not only PIO had earlier given wrong reply stating that stay is pending in the High Court when actually stay was already vacated and the writ petition was dismissed by the High Court but also had destroyed the copies of previous question booklets in respect of LDC & Steno examination in spite of the fact that High Court and the CIC were seized of the matter.

However, when CIC issued show cause notice to the PIO to explain why penalty cannot be imposed for (a) destroying the question papers in spite of the fact that High Court and the CIC were seized of the matter and (b) giving wrong reply stating that stay is pending in the High Court when actually stay was already vacated and the writ petition was dismissed by the High Court, the PIO not only traced out the distorted copies of previous question booklets in respect of LDC & Steno examination but also apologized for the clerical mistake committed by the then PIO who stated that there was a stay was granted by the Delhi High Court when actually the stay was vacated.

The PIO while hearing has also stated that “the Board has decided to upload the question booklet on the website a day after the completion of examination conducted by the Board ”

What are your views? Is it a success story of RTI that now the question booklet are being uploaded on the website a day after the completion of examination? Or do you think that PIO was let go by CIC easily? Post your views in the comments below or at the forum here! Read more ›




No trace of 900 Kiosks meant for disabled persons from the past 24 months

Kiosks meant for disabled personsFrom the past 24 months, information about 900 kiosks built during 1991 and onwards under IYD Scheme, that were supposed to be allotted to the disabled persons which includes leprosy affected persons, have totally disappeared. Under Right to Information, when the question was asked from the Delhi Urban Shelter Improvement Board, Central Information Commission found that the information was fragmented, does not offer complete picture and very difficult to know what happened to 900 kiosks and money spent on them.

Delhi Urban Shelter Improvement Board functions under the control of Govt. of NCT of Delhi and is primarily functioning under the purview of the DUSIB Act, 2010. This act empowers the DUSIB to notify certain areas as Slums, where with the passage of time, the buildings have become dilapidated and the basic civic services are missing. Read more ›




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