RTI applicant has no locus in penalty proceedings against officer, says Delhi HC

New Delhi: An RTI applicant has no locus standi in penalty proceedings initiated against a public information officer (PIO) for denying or furnishing incorrect information, ruled the Delhi High Court.

“The formation of opinion under Section 20(2) of the RTI Act (regarding the imposition of penalties) is in the exercise of supervisory powers of CIC and not in the exercise of the adjudicatory powers. This Court is also of the view that the information seeker has no locus standi in penalty proceedings under Section 20 of the RTI Act,” observed a bench presided over by Acting Chief Justice Manmohan.

The Bench, also comprising Justice Tushar Rao Gedela, was considering an appeal filed against a decision rendered by a single-judge bench, which had dismissed the plea of the appellant seeking imposition of penalty on the concerned officials for furnishing incorrect replies to his application made under the Right to Information (RTI) Act.

The single-judge bench had rejected the appellant’s plea, saying that correct information had already been provided to him and departmental action had been initiated against the erring officials under the applicable service rules.

The appellant, appearing in person, contended that he not only provided a wrong reply but there was also an inordinate delay of three years in providing correct information.

The division bench ruled that the Central Information Commission (CIC) was well entitled in its discretion not to direct imposition of monetary penalty, especially, when the information sought by the appellant had been directed to be provided to him.