Penalty for casual and callous approach

The Complainant submitted that complete and correct information has not been provided to him by the respondent on his RTI applications with a malafide intention. He alleged that the PIO intentionally did not provide documentary information relating to functioning of his Supervisor Officer/FAA to avoid embarrassment to him and obstructed information with malafide intention. The Complainant submitted that the FAA did not disposed of his first appeals within stipulated time and has given decisions where information sought is related to him which is in sheer violation of principal of natural justice. The CIC observed that the then PIO has been very casual in disposing of the RTI applications and previously, strict warning has been issued to him. The CIC further observed that the FAA was upholding the vague replies of the PIO by passing general orders and no directions or guidance was given by the FAA to the PIO to provide the information to the applicant. Rather the FAA has blindly approved the replies of the PIO. Further, there is a delay on the part of the FAA in disposing the first appeals of the complainant and he did not recuse or provide information in RTI matters relating to his conduct as FAA. The CIC held that the PIO is not required to give his own judgments on the issue and terming any information unnecessary is not warranted. The CIC imposed a penalty of Rs. 500/- u/S 20(1) of the RTI Act on the then PIO for his casual and callous approach in responding to the RTI applications.

Comments

A PIO must follow the timeline provided under the RTI Act and should not be judgmental about the queries raised by the Applicant.

Citation: Mr. Varun Krishna v. M/o. Finance Department of Economic Affairs in Complaint Nos. CIC/DOEAF/C/2019/647839, CIC/DOEAF/C/2019/647842, CIC/DOEAF/C/2019/647906 & CIC/DOEAF/C/2019/647907, Date of Decision: 27-05-2021

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com