MURALI PURUSHOTHAMAN
Sanoj V K, S/O Kuttan – Appellant
Versus
Bharat Petroleum Corporation Ltd. (Bpcl), Represented By Its Chairman – Respondent
JUDGMENT :
The petitioner submitted Ext.P1 request for information under the Right to Information Act, 2005 (hereinafter referred to as 'the Act', for short) before the 3rd respondent, Central Public Information Officer (CPIO). The CPIO neither rejected the request nor gave a reply within the statutory period.
2. The petitioner, therefore, preferred Ext. P2 First Appeal under Section 19(1) of the Act before the 2nd respondent. The same was rejected vide Ext. P3 order stating that the CPIO has replied to the request of the petitioner and the 2nd respondent concurs with the same. It is stated in Ext.P3 that a copy of the order of CPIO is also enclosed therewith. The petitioner was also informed that in case he is not satisfied with the decision of the 2nd respondent, he can submit a Second Appeal before the Central Information Commission, New Delhi, whose address is furnished, as per Section 19(3) of the Act within 90 days of receipt of the order. The address furnished is as follows:
Information Commission,
Room No. 305, 2nd floor, B wing,
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi 11 00 66.”
After providing the address as above, it is furth
Point of Law : Section 20 of Act deals with penalties.
Imposition of penalty and compensation are distinct liabilities under the Right to Information Act, and relief can only be granted based on a legally protected right capable of being judicially enfor....
The Central Information Commission or the State Information Commission has the power to impose a penalty as prescribed in Section 20 of the Right to Information Act, 2005, and the penalty should be i....
Officers can only be penalized for information delays if they were in charge at the time of the request; newly appointed officers are not liable for prior delays.
The central legal point established is that the penalty provision under Section 20(1) of the Right to Information Act applies when information is refused to be received without reasonable cause.
Complaints regarding the receipt of incomplete or misleading information under the Right to Information Act, 2005, must be addressed to the relevant Information Commission as empowered under Section ....
Right to Information - Required fee and produce challan receipt - Section 7(3)(b) says about the details to be mentioned in intimation, including details of appellate authority, time limit etc.
The Right to Information Act mandates that information must be provided to applicants, and the State Information Commission must actively ensure compliance rather than relying solely on penalties for....
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