RTI Act | Information Commission Can't Turn Blind Eye To Culpable Delay In Furnishing Info By PIO: Karnataka High Court Imposes Penalty

The Karnataka High Court recently observed that the Information Commission cannot let the undue delay caused by a Public Information Officer in furnishing information as sought for under the Right to Education Act, go unpunished.

Leaving the culpable delay to go with impunity strikes at the root of law, a single judge bench of Justice Krishna S Dixit said.

The court was hearing a writ petition seeking exemplary punishment under Section 20 of the RTI for dereliction of duty by PIO attached to attached the Block Education office in Bengaluru.

The Petitioner averred that the information sought by him came to be furnished with a delay of about two years whereas his statutory appeal was disposed off by the State Information Commission information was furnished to the petitioner. His essential grievance was of that the subject appeal could not have been so "casually" closed, turning a blind eye to the enormous delay brooked by the PIO.

"Respondent-Commission being a statutory quasi judicial body cannot act like a maharaja or moghul, its functions being of public law character," it was said.

The Court noted that Section 20 of the RTI Act prescribes a penalty of Rs.250 for delay of each day brooked in furnishing the information; sub-section (1) prescribes the maximum penalty amount of Rs.25,000.

Accordingly, it directed the PIO to pay a penalty of Rs 25,000 to the Petitioner, along with Rs. 10,000 cost.

"Access to information is also a key tool in combating corruption and wrongdoing. Investigative journalists and watchdog civil society organizations can use the right to access information to expose wrongdoing and help root it out. These laws reflect the fundamental premise that government and public officials are supposed to serve the people. There are, however, a number of more practical ideas underlying the widespread recognition of the right to information," the Court said.