RTI penalty provisions require the statutory daily rate once delay is unjustified; no discretion to vary the amount.

Section 20 of the Right to Information Act, 2005 prescribes a fixed penalty rate for delay in furnishing information, and the Information Commission has no discretion to reduce or enhance that rate once liability to penalty is established. If reasonable cause for the delay is shown, no penalty can be imposed; if it is not shown, penalty must be levied only at the statutory rate of Rs. 250 per day, subject to the statutory ceiling. A penalty imposed at a reduced or enhanced rate is contrary to the mandatory scheme of the provision.

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Issues: Whether the Information Commission has power to impose a penalty under Section 20 of the Right to Information Act, 2005 at any rate other than the statutory rate prescribed for delay in furnishing information.

Analysis: Section 20(1) provides that where the Commission concludes that information has not been supplied within time without reasonable cause, it shall impose penalty at the rate of Rs. 250 per day, subject to the statutory ceiling. The provision does not confer any discretion on the Commission to reduce or enhance the prescribed rate. If reasonable cause is shown, no penalty can be imposed; once penalty is warranted, it must be imposed only at the statutory rate.

Conclusion: The penalty could not be imposed at a reduced rate of Rs. 1,500 for 14 days of delay. The statutory rate of Rs. 250 per day was applicable, and the enhanced penalty of Rs. 3,500 was upheld.

Final Conclusion: The writ petition succeeded and the penalty order was modified to conform to the mandatory statutory rate under the Act.

Ratio Decidendi: Where a statute prescribes a fixed rate of penalty and only permits imposition upon satisfaction of specified conditions, the authority has no discretion to vary the rate once liability to penalty is found.

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