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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHAKRADHARI SHARAN SINGH, MURAHARI SRI RAMAN
Minati Mishra – Appellant
Versus
State Information Commissioner, Odisha – Respondent
| Table of Content |
|---|
| 1. scope of penalty under rti act section 20 (Para 1) |
| 2. penalty imposed on the appellant as ex-public information officer (Para 2 , 3) |
| 3. contention regarding penalty applicable to appellate authority (Para 4 , 5 , 6) |
| 4. role of headmistress as public information officer (Para 7 , 8) |
| 5. assistance obligation under rti act and potential penalties (Para 9 , 10) |
| 6. state information commission's power to impose penalties (Para 11) |
| 7. outcome of the appeal and the judgment (Para 12 , 13) |
JUDGMENT :
CHAKRADHARI SHARAN SINGH, CJ.
1. A short question which the present intra-Court appeal involves is as to whether penalty can be imposed or not in exercise of power under Section 20 of the Right to Information Act, 2005 (in short "RTI Act") on an appellate authority under the RTI Act by the Central Information Commission or the State Information Commission, and whether such penalty can be imposed only on the Central Public Information Officer (CPIO) or the State Public Information Officer (SPIO). of the RTI Act reads thus:
“20. Penalties.—
(1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or a
The Right to Information Act permits the imposition of penalties solely on designated Public Information Officers, not on appellate authorities.
The main legal point established in the judgment is that while the imposition of penalty on CPIOs under Section 20 of the RTI Act is mandatory, the quantum of penalty is discretionary and can vary de....
Penalty and disciplinary recommendation under RTI Act Section 20 require persistent default without reasonable cause; institutional delays from workload and staff shortage not personal fault; biased,....
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.
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.
Imposing a penalty under RTI Act, 2005 requires the Public Information Officer to be given a chance to be heard, and liability under Section 20 cannot apply retroactively to an officer who was not in....
(1) There is clear distinction in between “Public Authority” within meaning of Section 2(h) and “Public Information Officer” within meaning of Section 2(m) of Right to Information Act, 2005.(2) Award....
The court established that the provisions of Section 20 of the Act, 2005 should be strictly construed, and the Commissioner must ensure that the conduct of the Information Officer was not bona fide b....
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