Responsibility of deemed PIO to reply to RTI application
2 Nov, 2012Background
The appellant filed an application under the Right to Information (RTI) Act with the Directorate of Education seeking information regarding the procedure for selection of Zonal Cricket Teams of Education Department Delhi of school boys under the categories of U/14, U/16 and U/19. He also sought copy of the selection procedure and other information pertaining to Zone 28. The Public Information Officer (PIO) transferred the RTI application to all the DDEs. The PIO, District West A transferred the RTI application to ADE (Sports, Chattarsal Stadium). The PIO, DDE(C/ND) replied to the RTI application enclosing the information furnished by E.O, Zone 26. The applicant then filed the second appeal stating that the Sports Branch and Central District who are most closely connected have not provided the desired information especially with regard to Zone 28.
View of CIC
The Central Information Commission (CIC) directed the PIO/DDE (Central/New Delhi) to furnish the information sought with regard to Zone 28 to the appellant and to show cause as to why penalty under section 20(1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. should not be imposed upon him for not furnishing the information within the mandatory period. The Commission also directed the ADE (Sports) to furnish the information requested by the appellant and to show cause as to why penalty under section 20(1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. should not be imposed for not responding to the RTI application transferred to him, thereby obstructing the supply of information to the appellant.
Comment
While fulfilling his duty under the RTI Act, the PIO can transfer the RTI application to one of his colleagues who holds the information under section 5(4). In all such conditions, the colleague becomes the deemed PIO and has to share all the responsibilities of the PIO. He is even liable for penalty in case of delay in supply of information or malafide denial.
Citation: Mr. J.A.Chaudhary v. Directorate of Education in File No: CIC/AD/A/2012/002011
RTI Citation : RTIFI/2012/CIC/767
Click here to view original RTI order of Court / Information Commission