CASES OF PENALTY AND DISCIPLINARY ACTION AGAINST THE CPIO AND THE SPIO LAID DOWN UNDER SECTION 20(1)AND (2) OF THE RTI ACT ADJUDICATION.

Under section 20 (1) the CIC or the SIC as the case may be, at the time of deciding any Complaint or appeal is of the opinion that the CPIO or the PIO ,as the case may be ,has , without any reasonable cause , refused to receive an application for information or has not furnished information with in the time specified under sub section (1) of section 7or malafidely denied the request for information,or knowingly given incorrect , incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information,it shall impose a penalty of rupees two hundred and fifty days per day till application is received or information is furnished, so however the total amount of such penalty shall not exceed rupees twenty five thousand provide that the CPIO or the SPIO ,as the case may be shall be given a reasonable opportunity of being heard before, any penalty is imposed upon him : provided further that the burden of providing that he acted reasonably and diligently shall be on the CPIO or the SPIO as the case may be.(2) In case of the Section 20(2) ,where the Central information commission or the state information Commission,as the case may be, at the time of deciding any Complaint or appeal is of the opinion that the CPIO or the SPIO ,as the case may be,,has , without any reasonable cause and persistently, failed to receive an application for information or has not furnished information with in the time specified under subsection (1) of section 7 or malafidely denied the request for information, or knowingly given incorrect , incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the CPIO or the SPIO ,as the case may be,under the service rules applicable to him .