Purpose of RTI Act is to provide info in time-bound manner: HC

Purpose of RTI Act is to provide info in time-bound manner: HC

Vasantha.Kumar@timesgroup.com

Bengaluru:09.05.2021

The purpose and intent of the Right to Information (RTI) Act is not only to provide information sought for, but also to do it in a time-bound manner; any delay defeats the same. The high court made this observation while imposing a maximum penalty of Rs 25,000 on the tahsildar of Bengaluru North taluk for failing to provide information sought under the law.

“Undue delay, as in the present case where the application has been transferred after 17 months, is inexcusable. Further, there is no explanation offered by the tahsildar either before the appellate authority or this court,” Justice Suraj Govindaraj said in his order.

On May 8, 2018, the tahsildar had transferred the application seeking information to the office of Assistant Director of Land Records (ADLR), Bengaluru North taluk. The application was submitted to his office on December 16, 2016 by petitioner M Kishore Rao, a resident of Bengaluru, seeking information about certain lands.

Rao moved the high court after the Karnataka Information Commission passed an order on February 27, 2019 to close the proceedings after recording that the tahsildar had remitted Rs 5,000 penalty.

Rao claimed the tahsildar transferred his application to ADLR just before his appeal was to be heard by KIC, and there was a delay of 535 days in that process. He contended that KIC’s imposition of Rs 5,000 penalty is not in terms with section 20 of the RTI Act, which requires penalty of Rs 250 per day, subject to a maximum of Rs 25,000. Agreeing with the contention, Justice Govindaraj pointed out that if penalty is calculated at the rate of Rs 250 per day, it would shoot up to Rs 1,29,000 and since section 20 puts a maximum ceiling of Rs 25,000, the tahsildar needs to pay that amount.