Can penal action be initiated against the PIO who has retired?

The appellant sought a certified copy of the initial map related to a particular building which was donated to Jhansi Cantonment Board for construction purposes. The appellant also sought a certified copy of the General Land Register, total property tax assessed and other related information. As no response was received within the prescribed time period, the appellant filed the first appeal and later the second appeal before the CIC. According to the arguments presented by the respondent, the current PIO, who was responsible for disposing of the submitted RTI application has retired, and no show cause notice proceedings can be initiated under Section 20 of the RTI Act against a retired PIO. The CIC directed the current PIO, Cantonment Board, Jhansi, to ensure timely and proper disposal of pending RTI applications in accordance with the law, failing which appropriate action shall be taken against them in the future under the provisions of the Act. Further, the CIC directed the PIO, Cantonment Board, Jhansi, to examine the information sought by the appellant through the submitted RTI application and, based on the available records, provide the requested information/response to the appellant in accordance with the provisions of the Act.

Comments

A coordinate bench of the CIC in Appeal Nos. CIC/PB/2008/00999 and CIC/SM/A/2009/000286 dated 13-05-2010 held that since the concerned PIO has retired from the service, we find it not possible to impose any penalty on him at this point of time. The precedent was followed in many subsequent orders like Shri Chander Prakash v. AAI, CIC/SS/C/2013/000053 dated 18.12.2013. The RTI Act does not specifically debar action against the PIO on superannuation.

Citation: Sudhir Choudhary v.Office of the Chief Executive Officer, Jhansi Cantonment Board, File No: CIC/DIGDE/A/2024/114007; Date of order: 03.11.2025

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com