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Section 20 penalty petition format (2026)

Section 20 Penalty Petition Format 2026 — RTI Wiki

Quick Reply: Section 20(1) lets the Information Commission fine the PIO personally ₹250 per day, up to ₹25,000, for refusing or delaying information without reasonable cause — plus departmental action under §20(2) for repeat offenders. The prayer rides along with your second appeal under §19(3). Filing is free at the CIC. Copy-ready format below.

§20(1) penalty is near-mandatory once the Commission finds delay or refusal without reasonable cause. The law puts the burden on the PIO to show cause — the applicant only has to show the dates. It is usually filed inside the second appeal, as a prayer.

The six grounds the Commission can fine on

Section 20(1) lists them; your petition should say which ones fit:

  • (a) refused the request without reasonable cause;
  • (b) did not supply the information within the time limit (30 days, or 48 hours where life or liberty is involved);
  • © malafidely denied the request;
  • (d) knowingly gave incorrect, incomplete or misleading information;
  • (e) destroyed information or obstructed its supply in any manner;
  • (f) failed to comply with the Act in any other way.

Most petitions run on (b) — the arithmetic of dates does the arguing.

What the petition needs

  • Petitioner name + full address (+ email/phone for hearing notices)
  • PIO name + designation + office (ask by RTI or via §19 appeal if unknown — “the PIO, [office]” suffices to start)
  • RTI application number + date + proof of delivery (registered post receipt / portal registration number)
  • Date the PIO received it vs the date of reply — or “no reply till date”
  • The delay calculation: days beyond the deadline × ₹250
  • A short public-interest impact line (why the information mattered)
  • Prayer: penalty under §20(1) + departmental action under §20(2) + supply of the information with §19(3) directions
  • Enclosures: RTI application, delivery proof, PIO reply (if any), first-appeal filing + FAA order (if any)

Copy-ready petition

BEFORE THE [CENTRAL / <STATE>] INFORMATION COMMISSION

Second Appeal under Section 19(3) RTI Act 2005,
with prayer for penalty under Section 20(1) and (2)

Appellant : [Name], [Full address], [Phone], [Email]
Respondent: [Name], PIO, [Office + address]

1. The appellant filed an RTI application no. [NUMBER] on [DATE]
   addressed to the PIO, [Office], delivered on [DATE] (proof enclosed).

2. The statutory period of 30 days under Section 7(1) expired on [DATE].
   [Choose:] (a) No reply has been received to date. / (b) The reply dated
   [DATE] was received after [N] days, i.e. [N] days beyond the statutory
   period. / (c) The reply refuses the information without reasons.

3. A first appeal was filed on [DATE] [Registration/office no.]. The FAA
   [Choose:] passed no order / upheld the refusal (copy enclosed).

4. The delay/denial attracts Section 20(1): penalty of Rs 250 per day of
   delay, up to Rs 25,000, on the PIO personally. As on [DATE], the delay
   is [N] days beyond the statutory period.

5. The PIO has not shown, and cannot show, reasonable cause: the file
   [Choose:] shows no movement / shows the information was available.

PRAY: The Commission be pleased to
  (a) direct supply of the information free of charge under Section 7(6);
  (b) impose penalty under Section 20(1) on the Respondent; and
  (c) recommend disciplinary action under Section 20(2), the default being
      [Choose:] a single instance / a repeated default.

[Place + date]
[Signature]
[Name]

Where and how to file

  • Central public authority → CIC, online at cic.gov.in (e-filing for second appeals/complaints) or by post to the CIC, August Kranti Bhawan, Bhikaji Cama Place, New Delhi — 110066. Free.
  • State public authority → your State Information Commission; most SICs take postal filings, some have portals; a few charge a small fee for second appeals — check your SIC's site before sending.
  • Timing: second appeal within 90 days of the FAA's order (or the date it was due). The Commission can condone delay with cause shown — but do not rely on that.
  • §18 complaint vs §19 appeal: a §18 complaint alone cannot get you the information ordered supplied (the Supreme Court said so in CBSE v. Aditya Bandopadhyay, 2011) — so if you want the records, the §19(3) second appeal is the vehicle, with §20 as the prayer.

Hearing tips

  • The dates ARE the case: carry delivery proof, the reply envelope/postmark, portal printouts. Commissions decide §20 mostly on the arithmetic.
  • If the PIO pleads workload/system failure, that is a cause, not a “reasonable cause” — the Commissions have fined through exactly that excuse; say so politely.
  • Ask for the information to be supplied free of charge under §7(6) — it follows from deemed refusal/delay.
  • Do not overreach: penalty is for the PIO's default, not compensation for your feelings. (Actual compensation for detriment needs §19(8)(b) — plead it separately, with proof of loss.)

Common mistakes

  • Filing a “penalty petition” as a standalone letter with no appeal or complaint around it — the Commission needs a proceeding (§19 appeal or §18 complaint) to sit in.
  • No proof of the delivery date — the 30-day clock runs from receipt, and unproven dates collapse.
  • Naming the office instead of the PIO — name both; the penalty is personal.
  • Claiming the full ₹25,000 as of right — the Commission sets the quantum from the delay and the PIO's conduct; your job is only to establish the default.

FAQs

Does the PIO pay from their own pocket?

Yes — §20(1) penalty is recovered from the PIO's salary personally, not from the office budget. That is precisely why it moves files.

What if the PIO retired meanwhile?

Commissions have proceeded against serving and recently-retired officers; retirement does not erase a defaulted statutory duty — plead the dates and leave the Commission to decide.

Can I ask for penalty AND compensation?

Yes, as separate prayers: §20(1) penalty (punitive) and §19(8)(b) compensation for detriment suffered (prove the loss — expense, lost benefit).

The FAA already ordered supply and the PIO ignored that too

Say so in the appeal — non-compliance with an FAA order is the strongest §20(1)(a)/(f) posture there is, and §20(2) becomes natural.

If the Commission itself sits on the matter

Register-number in hand, wait for the hearing notice; if months pass with nothing, an RTI to the Commission's own registry (CPIO, Information Commission) asking for listing date and bench often produces a listing letter within weeks. The Commission is itself a public authority.

Last reviewed: 27 August 2026. Section 20 grounds, Rs 250/day–Rs 25,000 ceiling, s.20(2) disciplinary action, s.19(3) 90-day window and the s.18/s.19 division per CBSE v. Aditya Bandopadhyay (SC 2011) checked against the Act and settled Commission practice.

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