Section 20 of RTI Act : Section 20: Penalties

Explanation using Example

Imagine that Rahul, a citizen, filed a request under the Right to Information Act to the State Public Information Officer (SPIO) seeking details on the funds allocated for road construction in his locality. The SPIO, without any reasonable cause, failed to respond to Rahul's request within the stipulated 30 days and did not even acknowledge the receipt of the application.

Rahul files a complaint with the State Information Commission (SIC). Upon reviewing the case, the SIC determines that the SPIO had no reasonable cause for the delay. As per Section 20(1) of the RTI Act, the SIC imposes a penalty on the SPIO of Rs. 250 per day of delay until the information is provided, ensuring that the total penalty does not exceed Rs. 25,000. Additionally, the SPIO is given an opportunity to be heard before the penalty is confirmed, and the burden is on him to prove that the delay was due to reasonable and diligent actions.

Further, if the SIC finds that the SPIO has persistently failed to provide the information without any reasonable cause, as per Section 20(2), it may also recommend disciplinary action against the SPIO, in accordance with the service rules applicable to him.