IMPOSITION OF PENALTY AND DISCIPLINARY ACTION AGAINST THE PUBLIC INFORMATION OFFICER AND COMPLAINT TO THE COMMISSION

An applicant under the RTI Act has a right to appeal to the CIC or SIC as the case may be and may file Complaint to the Commission. Where the SIC or CIC as the case may at the time of deciding any complaint or Appeal is of the opinion that the public information officer has without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified 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 impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished subject to the condition that the total amount of such penalty shall not exceed twenty-five thousand rupees. The Public information officer shall, however, be given a reasonable opportunity of being heard before any penalty is imposed upon him. The burden of proving that he acted reasonably and diligently and in case of denial of a request that such denial was justified shall be on the CPIO or PIO as the case may be. As for disciplinary action against the PIO is concerned, the State information commission or the Central information commission at the time of deciding any complaint or appeal is of the opinion that the PIO has without any reasonable cause and persistently, failed to receive an application for information for information or has not furnished information within the time specified, 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 may recommend for disciplinary action against the CPIO or PIO as the case may be :-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal Pradesh phone number, 9459334377