Commission penalizes CPIO for delays under RTI Act, imposes Rs. 10,500 penalty split between officers.

The Commission found the CPIO and deemed CPIO responsible for delays in providing requested documents under the RTI Act, imposing a penalty of Rs. 10,500 to be split between them. Each officer was directed to pay Rs. 5,250 in two installments, with the penalty to be recovered from their pay. The Commission emphasized compliance with the penalty recovery process to ensure timely provision of information as mandated by Section 7 of the RTI Act.

---

---

Issues:
1. Delay in providing requested documents under RTI Act.
2. Responsibility for delay in furnishing information.
3. Imposition of penalty under Section 20(1) of the RTI Act, 2005.

Issue 1: Delay in providing requested documents under RTI Act
The appellant, Shri R.K. Jain, filed an RTI request seeking information on four queries, which was replied to by the CPIO after a delay of 42 days. Despite reminders, the documents requested on 9-6-2011 were provided only on 22-7-2011. The Commission directed the FAA to identify the person responsible for the delay and recover the penalty amount. The delay was considered a violation of Section 7 of the RTI Act, which mandates providing information within 30 days of receiving the request.

Issue 2: Responsibility for delay in furnishing information
The FAA received explanations from the officers involved, stating that the information was scattered across various files and registers, leading to delays. However, the FAA found the explanations reasonable and was unable to apportion the penalty between the officers. The Commission disagreed, holding both the CPIO and the deemed CPIO responsible for the delay. The CPIO had offered inspection of documents, but the copies of specified records were provided after significant delays, leading to the imposition of a penalty.

Issue 3: Imposition of penalty under Section 20(1) of the RTI Act, 2005
The Commission imposed a penalty of Rs. 10,500 for the delay, to be recovered from both the CPIO and the deemed CPIO. Each officer was directed to pay Rs. 5,250 in two monthly installments. The penalty was imposed under Section 20(1) of the RTI Act, 2005, for the failure to provide information within the stipulated time frame. The penalty amount was to be recovered from their pay and allowances starting from a specified month. The head of the Public Authority was instructed to ensure compliance with the penalty recovery process.

---