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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR, SWARUPAMA CHATURVEDI
Shailesh Kumar Yadav Ips – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. writ challenges cic rti penalty orders for delays (Para 1 , 2 , 3 , 4) |
| 2. penalty violates natural justice; workload excuses delay (Para 5 , 6 , 7 , 8 , 9 , 15) |
| 3. prior similar penalty quashed by supreme court (Para 10 , 11) |
| 4. pio liable for unexplained rti delays (Para 12 , 13 , 14) |
| 5. section 20 requires reasonable cause for penalty (Para 16 , 17) |
| 6. penalty needs no reasonable cause finding, hearing (Para 18 , 19 , 20 , 21 , 22) |
| 7. s.20(2) recommendation discretionary, not mandatory (Para 23 , 24 , 25) |
| 8. penalty must be proportionate to default (Para 26) |
| 9. institutional issues justify delay, no personal fault (Para 27 , 28 , 29) |
| 10. prejudiced remarks show cic bias (Para 30 , 31 , 32) |
| 11. arbitrary penalty exercise exceeds statutory limits (Para 34) |
| 12. impugned orders quashed for procedural impropriety (Para 35 , 36) |
JUDGMENT :
Swarupama Chaturvedi, J.
1. Heard Sri C.B. Yadav, learned Senior Advocate assisted by Sri Nisheeth Yadav, learned counsel appearing for the petitioner, Sri Santosh Kumar Mishra, learned counsel appearing for respondents concerned and Sri Vinay Kumar Singh, learned counsel appearing for respondent no.1, Union of India.
2. This writ petition has be
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,....
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 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....
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....
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.
Public Information Officer is not liable for delays not caused during their tenure; penalties require evidence of wrongdoing and loss to justify compensation under the Right to Information Act.
Public Information Officers can only be penalized under RTI for failures occurring during their tenure when a request was made, not retroactively for former officers' actions.
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....
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