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| + | ====== Section 20 penalty petition format (2026) ====== | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** Section 20(1) lets the Information Commission fine the **PIO personally ₹250 per day, up to ₹25, | ||
| + | </ | ||
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| + | <WRAP info> | ||
| + | **§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. | ||
| + | </ | ||
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| + | ===== The six grounds the Commission can fine on ===== | ||
| + | Section 20(1) lists them; your petition should say which ones fit: | ||
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| + | * **(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); | ||
| + | * **(c)** 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. | ||
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| + | 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]" | ||
| + | * 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**: | ||
| + | * 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, | ||
| + | |||
| + | ===== Copy-ready petition ===== | ||
| + | < | ||
| + | BEFORE THE [CENTRAL / < | ||
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| + | Second Appeal under Section 19(3) RTI Act 2005, | ||
| + | with prayer for penalty under Section 20(1) and (2) | ||
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| + | Appellant : [Name], [Full address], [Phone], [Email] | ||
| + | Respondent: [Name], PIO, [Office + address] | ||
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| + | 1. The appellant filed an RTI application no. [NUMBER] on [DATE] | ||
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| + | 2. The statutory period of 30 days under Section 7(1) expired on [DATE]. | ||
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| + | 3. A first appeal was filed on [DATE] [Registration/ | ||
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| + | 4. The delay/ | ||
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| + | is [N] days beyond the statutory period. | ||
| + | |||
| + | 5. The PIO has not shown, and cannot show, reasonable cause: the file | ||
| + | | ||
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| + | 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] | ||
| + | </ | ||
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| + | ===== Where and how to file ===== | ||
| + | * **Central public authority** → CIC, online at **cic.gov.in** (e-filing for second appeals/ | ||
| + | * **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, | ||
| + | |||
| + | ===== Hearing tips ===== | ||
| + | * The dates ARE the case: carry delivery proof, the reply envelope/ | ||
| + | * If the PIO pleads workload/ | ||
| + | * Ask for the information to be supplied **free of charge** under §7(6) — it follows from deemed refusal/ | ||
| + | * 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 " | ||
| + | * 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)/ | ||
| + | |||
| + | ===== 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' | ||
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| + | ===== Related ===== | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[/book|The RTI Playbook book]] | ||
| + | |||
| + | //Last reviewed: 27 August 2026. Section 20 grounds, Rs 250/ | ||
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| + | {{tag> | ||