Can CIC impose a penalty on the CPIO? How it works

Most citizens who file second appeals or complaints do not know they can specifically ask for a penalty to be imposed on the CPIO. This is one of the RTI Act's strongest enforcement tools — and it comes directly out of the CPIO's own salary.

“Yes, penalties up to Rs.25,000 may be imposed at Rs.250 daily when CPIOs refuse applications, withhold information, provide false data, or obstruct access.” — CIC FAQ Q34

The penalty of ₹250/day runs from the day the CPIO should have replied (typically day 30 from application receipt) until the date information is actually provided. The total cannot exceed ₹25,000 (which equals 100 days of penalty).

CIC may impose penalty when it finds that the CPIO:

• Refused to receive the RTI application
• Did not reply within the prescribed time without reasonable cause
• Denied access to information without reason
• Gave incomplete, false, or misleading information
• Destroyed information that was the subject of a request
• Obstructed furnishing of information

The CPIO has the right to a hearing before any penalty is imposed (RTI Act 2005, §20(2); CIC FAQ Q33). CIC will issue notice to the CPIO and allow them to present reasons. The CPIO carries the burden of proof — §19(5) places the onus on the CPIO to prove the denial was justified.

The citizen (appellant/complainant) is not entitled to attend penalty proceedings (CIC FAQ Q31). The penalty decision is between CIC and the CPIO.

Yes. Under §20(2), if CIC finds a CPIO's failure is persistent or malicious, it can recommend disciplinary action under the applicable service rules. This goes on the CPIO's service record and can affect promotion and pay.

1. Explicitly request penalty: in your second appeal or complaint, include a specific prayer: “I request that the Commission impose the penalty prescribed under §20(1) of the RTI Act 2005 on the CPIO for [specific failure].”
2. Calculate the penalty amount: count the days of delay from the due date to the date information was (or still has not been) provided. Multiply by 250. State this amount.
3. Provide evidence of delay: submit copy of the RTI application with date, proof of delivery to the CPIO (postal receipt), and the date (or absence) of the CPIO's reply.
4. CIC takes it from here: CIC will serve notice on the CPIO. Penalty is deposited directly by the CPIO.

No. The penalty under §20(1) is deposited into the government treasury, not paid to the appellant. Separately, CIC can award compensation to you under §19(8)(b) if you suffered a specific loss or detriment.

Yes. Under RTI Act 2005, §19(8)(b), CIC can require the public authority to compensate the complainant for any loss or other detriment (CIC FAQ Q32). This is separate from the penalty.

Penalty attaches to the CPIO who held the post at the time of the violation. CIC has in practice pursued penalty against CPIOs who were transferred. Retirement does not automatically extinguish liability.

The penalty under §20 is specifically for CPIOs. However, CIC can recommend disciplinary action against First Appellate Authorities under §20(2) in appropriate cases.

• RTI Complaint vs Second Appeal — which to use
• First Appeal Builder — first step before CIC penalty proceedings
• All CIC FAQs index
• Central Information Commission — file online