§20 of the Right to Information Act, 2005 gives the Central or State Information Commission the power to impose a penalty on a Public Information Officer who has, without reasonable cause, refused to receive an RTI application, failed to reply on time, given misleading information, destroyed records, or obstructed the supply of information. The penalty is Rs. 250 per day of delay, capped at Rs. 25,000. The Commission also has the power under §20(2) to recommend disciplinary action against the PIO under the service rules. The penalty is on the PIO personally, not on the public authority. The Commission does not impose §20 on its own; the Appellant must demand it in the Second Appeal.
§20 in 5 lines
| Fact | Value |
| — | — |
| Penalty rate | Rs. 250 per day of delay |
| Cap | Rs. 25,000 |
| Forum | Central Information Commission (Central PIOs) or State Information Commission (State PIOs) |
| Stage to demand | Second Appeal under §19(3) |
| Recovery | From the PIO's salary by the public authority |
The Commission does not impose §20 on its own initiative. Demand it in your appeal.
§20 has three sub-sections:
The penalty is on the PIO personally, deducted from the PIO's salary by the public authority. The public authority itself does not pay. This is the deterrent design of §20.
§20(1) lists six grounds. Each one needs the words “without reasonable cause” proved.
Each of these grounds is a separate basis for the §20 prayer. A single Second Appeal often invokes two or three.
The penalty is Rs. 250 per day of delay, capped at Rs. 25,000. The maximum cap is reached on Day 100 of the delay.
The Commission counts the days from the statutory deadline the PIO missed, to the date of the Commission's order (or the date the information was finally supplied, whichever is earlier).
Example calculation:
If the PIO is still in default at the date of the Commission's order, the cap of Rs. 25,000 kicks in at 100 days of delay.
The First Appellate Authority does not have the power to impose a §20 penalty. The FAA's powers under §19(6) cover review, direction to disclose, and costs, but not penalty.
However, the First Appeal is the right place to lay the foundation for a §20 prayer at the Second Appeal stage. Include:
This paper-trail strengthens the Second Appeal §20 prayer.
The Second Appeal to the Central or State Information Commission is the only forum with §20 power. The prayer block of the Second Appeal must include the §20 demand explicitly:
In the grounds section, name which §20(1) trigger the PIO has hit. A bare §20 prayer without grounds rarely succeeds. Read the matching template at the Second Appeal format guide.
The Commission's penalty order goes to the Drawing and Disbursing Officer (DDO) of the public authority where the PIO works. The DDO deducts the penalty amount from the PIO's salary in instalments and remits it to the consolidated fund of India (for Central PIOs) or the State (for State PIOs).
The PIO has the right to challenge the recovery in a writ petition under Article 226. In practice, few PIOs do. The reputational cost of a §20 order is higher than the cash cost.
§20(2) goes beyond the cash penalty. Where the PIO has acted in a §20(1) manner persistently (defined by the Commission as 3+ instances or a pattern), the Commission shall recommend disciplinary action under the PIO's service rules.
Service rules typically include warnings, censure, withholding of increments, withholding of promotion, reduction in rank, and dismissal. The discipline is run by the PIO's parent department; the Commission only recommends.
To invoke §20(2):
Cite the closest case to your facts in the grounds.
Even where the breach is clear, the Commission sometimes declines §20. Reasons noted in CIC orders:
Frame your §20 prayer to anticipate these defences. Address each one in the grounds.
Want a §20 penalty? File a Second Appeal.
§20 is a Second-Appeal-stage prayer. The FAA cannot impose it. The Commission will not impose it on its own. The Appellant must demand it in the prayer block of the Second Appeal with specific §20(1) trigger grounds.
Templates: RTI Application Format · First Appeal Format · Second Appeal Format
Stuck? Use the AI RTI Drafter to draft a Second Appeal with the §20 prayer in 60 seconds.
No. §20 is a Commission-only power. The FAA's powers under §19(6) are review, direction to disclose, and costs. §20 is reserved for the Central or State Information Commission at the Second Appeal stage.
By the PIO personally. §20(2) directs recovery from the PIO's salary in instalments through the Drawing and Disbursing Officer. The public authority does not foot the bill.
Between 8 and 24 months from filing, per the CIC's pendency report. Some State Commissions take longer. The Commission decides the §20 prayer along with the main appeal.
Rarely. The Commission has discretion under §20(1) but in practice waits for the Appellant to press the prayer. Always include §20 explicitly in the Second Appeal prayer block.
Yes. §20 proviso requires a reasonable opportunity to be heard. The PIO appears at the hearing along with the FAA. The Commission asks the PIO to explain the delay or refusal. The §20 order follows the hearing.
§20(1) is a cash penalty recovered from the PIO's salary, up to Rs. 25,000. §20(2) is a recommendation to the PIO's department for disciplinary action under service rules (warning, censure, withholding of increments). The two are independent and the Commission orders both in serious cases.
The §20 power survives retirement. Enforcement is harder. The Commission has imposed §20 on retired PIOs in Vinod Vrindavan v. CBI (2016) and similar cases. Recovery is from pension under the service rules.
Last reviewed: 28 May 2026, RTI Wiki editorial team.