Right to Information Wiki Blog

Latest RTI decision notes

Mere Pendency of a Final Decision Is Not a Valid Reason to Deny RTI

Direct Answer. The Central Information Commission has held that mere pendency of a decision, inquiry, or examination is not a valid ground to deny RTI disclosure. Unless the Public Information Officer specifically cites a Section 8 sub-clause AND shows how disclosure would prejudice the pending matter, the information must be released. Ratio: X v. Medical Council of India (CIC/YA/A/2016/001453, 9 January 2017), applied widely since.

Mere pendency is not a valid RTI denial — RTI Wiki

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Section 20 PIO penalty — when Rs 250/day applies

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Section 20(1) of the RTI Act 2005 empowers the Central / State Information Commission to impose a penalty of Rs 250 per day of delay, subject to a cap of Rs 25,000, on a Public Information Officer who (a) refuses to receive an RTI application, (b) fails to respond within Section 7(1), © malafidely denies information, (d) provides incorrect / incomplete / misleading information, or (e) destroys information. The penalty is recovered from the PIO's personal salary. Section 20(2) additionally empowers the Commission to recommend disciplinary action. Hearing opportunity under the proviso is mandatory; due-diligence is a defence.

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RTI against a government officer — can they retaliate?

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Legally, no. A public servant cannot retaliate against an RTI applicant — Section 6(2) of the RTI Act bars the PIO from even asking the applicant's motive, let alone taking adverse action based on it. Multiple protective layers exist: Section 20 PIO penalty for obstruction, Whistleblowers Protection Act 2014 for corruption disclosures, Section 8(1)(g) identity protection where disclosure endangers safety, and High Court writ jurisdiction under Article 226. Practical retaliation is rare; this post explains both the law and the signals that tell you whether to worry.

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