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Penalty under the Right to Information Act, 2005

Penalty under the Right to Information Act, 2005

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, –

(a) refused to receive an application for information or

(b) has not furnished information within the time specified under section 7(1) or

(c) mala fidely denied the request for information or

(d) knowingly given incorrect, incomplete or misleading informa­tion or destroyed information which was the subject of the re­quest or

(e) 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.

Opportunity of being heard

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. 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.

Disciplinary proceeding against the officer

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 and persist­ently, –

(a) failed to receive an application for information or

(b) has not furnished information within the time specified under sub-section (1) of section 7 or

(c) mala fidely denied the request for information or

(d) knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or

(e) obstructed in any manner in furnishing the information,

it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.

Penalty under the Right to Information Act, 2005

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