RTI Act | Penalty Imposed On Public Information Officers For Delay In Reply Depends On ‘Malice’: Delhi High Court

Case: POOJA V . SHAH v. BANK OF INDIA & Other Connected Matter

Coram: Justice Subramonium Prasad

Case No.: W.P.(C) 2398/2021

Court Observation: “What is mandatory is the imposition of penalty and not the quantum of penalty. The RTI Act only specifies the maximum limit of the penalty and not the minimum limit. It is nowhere mentioned that delay of each day will incur a penalty of Rs.250/-,”

“Since the degree of the penalty will depend and differ upon the knowledge of the Public Information Officer and the reasons as to why the Public Information Officer could not furnish the relevant information the submission of the Petitioner that it is mandatory to impose a penalty of Rs.250/- per day on the Public Information Officers for not furnishing the relevant information cannot be accepted,”

“This Court is also of the opinion that adequate punishment has been given to the CPIOs who have now been made to pay the amount of penalty from their salary. Accordingly, the Writ Petitions are dismissed.”

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Keywords

RTI Act, Penalty Imposed On Public Information Officers, Delhi High Court, Depends On ‘Malice’