Right to Information: User Guide

Can officials be punished if they do not comply with the law?

Public officials who deliberately delay or obstruct an application for information, or who deliberately provide incorrect or misleading information can be punished under the RTI laws. Penalties are an important part of an RTI law because they play a vital role in changing the cultures of secrecy that are common within many of India's bureaucracies. Without the threat of sanction, there is little incentive for bureaucrats to comply with the new terms of the Act.

The Central Act allows for the imposition of penalties. Most notably, where a PIO has, without any reasonable cause:

• refused to receive an application;
• not furnished information within time limits;
• malafidely denied the request;
• knowingly given incorrect, incomplete or misleading information;
• destroyed information subject to a request;or
• obstructed the process,

the Information Commission can impose a penalty of Rs 250 per day. The total penalty cannot exceed Rs 25,000.

Section 20(1) states that "Public Information Officers" can be penalised, but when read with s.5(5) of the Act (which states that any officer whose assistance is sought by a PIO will be treated as a PIO for purposes of the Act's penalty clauses) it is clear that in practice any official can be sanctioned for non-compliance if they have shirked their duties under the law.

Before a penalty is imposed under s.20(1), an official must be given a reasonably opportunity of being heard. The official is responsible for providing that he/she acted reasonable and diligently.

Under the Central Act, where a monetary penalty is imposed, the Information Commission can also recommend disciplinary action against the PIO under the applicable service rules.

Penalties can usually be imposed by appeal bodies, whether or not they are internal appeals bodies or external appeals bodies. Unfortunately, under the Central Act it is unclear under the law whether the first Appellate Authority can impose penalties, although it is explicit that the Information Commission can. It is not clear therefore, whether there can be any penalty for non-compliance that is identified during an internal appeal. Information Commissions will need to clarify whether Appellate Authorities can refer cases to the Commission for consideration under s.20. It is possible that Commissions could hear such cases under the broad appeal remit under s.18(1)(f) which empower Commissions to handle any complaint "in respect of any other matter relating to requesting or obtaining access to records under this Act".

Please click on the link to the Central RTI Act to read the detailed provisions contained in the law. Please click on the link to CHRI's State RTI pages to find out more about relevant rules and implementation in your specific State.