Law4u - Made in India

Can the Information Commission penalize a PIO?

10-Jul-2025
R.T.I

Answer By law4u team

Yes, the Information Commission—both Central Information Commission (CIC) and State Information Commissions (SICs)—has the authority to penalize a Public Information Officer (PIO) under the Right to Information Act, 2005 for failing to perform their duties as prescribed under the law. Here are the key points: 1. Legal Provision – Section 20 of the RTI Act, 2005 The Information Commission can impose a penalty on a PIO if: – They refuse to accept an RTI application – They fail to provide information within 30 days without reasonable cause – They maliciously deny the request – They provide false, incomplete, or misleading information – They destroy information or obstruct access to it 2. Amount of Penalty – The Commission can impose a fine of ₹250 per day of delay – Subject to a maximum of ₹25,000 3. Personal Liability – The penalty is imposed on the individual PIO, not the department – The Commission may also recommend disciplinary action under service rules if the violation is serious 4. Before Imposing Penalty – The PIO is given a chance to explain the reasons for the delay or denial – If the Commission finds that the PIO acted in good faith or had reasonable cause, the penalty may not be imposed 5. Examples of Penalty Situations – Deliberately withholding information – Not responding to RTI requests at all – Giving false or misleading information – Refusing to accept applications without valid reasons In summary: Yes, the Information Commission can penalize a PIO under Section 20 of the RTI Act for unjustified delay, denial, or misconduct in handling an RTI application. The penalty can go up to ₹25,000, and the Commission may also recommend departmental action if needed.

Answer By Ayantika Mondal

Dear Client, The Central or State Information Commission may in accordance with Section 20 of the Right to Information Act 2005 penalize a Public Information Officer (PIO) for willfully providing false incomplete or misleading information failing to provide information without a valid reason or denying an application in bad faith. The maximum penalty is ₹25000 with a daily penalty of ₹250. In accordance with the relevant service rules the Commission may also suggest disciplinary action against the offending officer. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Answer By Anik

Dear Client, Yes it is a fact that the Info Commission has the authority to penalize Public Information Officers. This is a key feature of the RTI Act of 2005 which also puts in place measures for the prevention of citizens’ access to info being denied at will. Under Section 20 of the RTI Act the Central or State Information Commission has the authority to impose a penalty on a PIO when it is determined that they have acted without a reason cause:. Refused to receive an RTI application. Failed to report as required within 30 days. Maliciously denied the request for information. Provided false and imprecise info. Wiped out the information which was requested. Impeded the process in some other way. The charge is Rs. 250 per day for each day of delay which in turn is up to a max of Rs. 25,000. Also the Info Commission may put forward that which of the PIO’s service rules to bring in disciplinary action. Before we impose a penalty it is brought to the PIO’s attention. The PIO has the burden of proof to show that they acted in a reasonable and diligent manner. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!

R.T.I Verified Advocates

Get expert legal advice instantly.

Advocate Pushpendra Mishra

Advocate Pushpendra Mishra

Cheque Bounce, Anticipatory Bail, Criminal, Family, Divorce, Child Custody, Consumer Court, Civil, R.T.I, Motor Accident, Cyber Crime, High Court, Documentation, Recovery, GST, RERA, Succession Certificate, Domestic Violence, Supreme Court

Get Advice
Advocate Prabendra Rajput

Advocate Prabendra Rajput

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Succession Certificate, Supreme Court, Tax, Wills Trusts

Get Advice
Advocate Yogesh Share

Advocate Yogesh Share

Cyber Crime, Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Corporate, Consumer Court, Breach of Contract, Civil, Customs & Central Excise, Criminal, GST, Domestic Violence, Insurance, Immigration, Documentation, High Court, Family, Divorce, International Law, Labour & Service, Media and Entertainment, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Recovery, R.T.I, Property, Patent, NCLT, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Supreme Court, Revenue, Wills Trusts

Get Advice
Advocate Anuj Kumar

Advocate Anuj Kumar

Anticipatory Bail, Armed Forces Tribunal, Cheque Bounce, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Family, High Court, Labour & Service, R.T.I

Get Advice
Advocate Sankar Ghosh

Advocate Sankar Ghosh

Anticipatory Bail, Arbitration, Breach of Contract, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Landlord & Tenant, Medical Negligence, Motor Accident, NCLT, Property, R.T.I, RERA, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Corporate

Get Advice
Advocate Ashutosh Jha

Advocate Ashutosh Jha

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Digpal Babubhai Chhatraliya

Advocate Digpal Babubhai Chhatraliya

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, International Law, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, Succession Certificate, Supreme Court, Trademark & Copyright, Revenue

Get Advice
Advocate Manisha Dalave

Advocate Manisha Dalave

Anticipatory Bail, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Succession Certificate, Wills Trusts

Get Advice
Advocate Ramesh Chand Azad

Advocate Ramesh Chand Azad

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Family, High Court, Motor Accident, Muslim Law, R.T.I

Get Advice
Advocate Sudhakar A

Advocate Sudhakar A

Corporate, High Court, Insurance, Medical Negligence, R.T.I, Anticipatory Bail

Get Advice

R.T.I Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.