penalty may be condoned.
Page 2 of 3
Decision Notice:
The crux of the then CPIO's submission is that he was overloaded with ... terms of the provisions of Section 20(1) of RTI Act penalty of Rs. 6250/- (i.e.
Rs.250x25 days) is levyable on Shri Sonker
reasons for the delay. He states that he
was understaffed and overloaded with work.
All persons charged with providing information under RTI Act are aware ... information is not provided in time it would invite a personal penalty of Rs.250/- per day of delay. If
an officer states that
information to applicants instead of discharging their regular
duties. The threat of penalties under the RTI Act and the pressure of the authorities under ... Commission itself has deprecated the practice of the
second respondent herein in overloading the Registry of this Court by making several
queries or complaints
omission and commission on his part and drop the penalty
proceedings.
The appellant stated that the explanation provided by the then CPIO does not carry ... allowance for apologies offered or regrets expressed in terms of imposition of penalty. The
appellant added that in an earlier case where
where there a possibility
of personal penalty."
Note: The Commission imposed a penalty on 27/01/2011 Mr. R. K. Sharma ... 2010. He admits that this is true
and states that he was overloaded with work. He has also provided written submissions in which
sent to Mrs. Sudha Jain (copy enclosed)."
Having consideration for the overload pleaded by CPIO, SSC and
the fact that there appears to have ... compliance of our orders,
we find no justification for imposition of penalty. However, the
admission that the Staff Selection Commission which comes under
the Ministry
furnishing the reply was not intentional and same was due to overload of work
as he has been assigned with General Administration and Establishment Section ... initiate any further action against him.
The law with respect to inflicting penalties under the RTI Act is well settled. In
Bhagat Singh vs. Chief
information
to applicants instead of discharging their regular duties. The threat of
penalties under the RTI Act and the pressure of the authorities under ... Commission itself has deprecated the
practice of the second respondent herein in overloading the Registry of this
Court by making several queries or complaints
information
to applicants instead of discharging their regular duties. The threat of
penalties under the RTI Act and the pressure of the authorities under ... Commission itself has deprecated the
practice of the second respondent herein in overloading the Registry of this
Court by making several queries or complaints
reasonable cause for the delay. He also claims that he is overloaded with work.
Section 20 (1) of the RTI Act states, "Where ... 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
