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 C Jessy

Advocate C Jessy

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, 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, Tax, Trademark & Copyright, Wills Trusts, Revenue, Supreme Court, Banking & Finance

Get Advice
Advocate Madhur Maheshwari

Advocate Madhur Maheshwari

Anticipatory Bail, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Supreme Court, Armed Forces Tribunal, Banking & Finance, Child Custody, Consumer Court, R.T.I, Recovery, Muslim Law, Breach of Contract, Immigration, Insurance, International Law, Landlord & Tenant, Revenue, Wills Trusts, Motor Accident, Labour & Service, Arbitration, RERA, Succession Certificate

Get Advice
Advocate Ateek Attari

Advocate Ateek Attari

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Cyber Crime, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Revenue

Get Advice
Advocate Mohanjeet Singh

Advocate Mohanjeet Singh

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Wills Trusts

Get Advice
Advocate Kritika Shukla

Advocate Kritika Shukla

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Court Marriage, Corporate, Consumer Court, Civil, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, High Court, Family, Insurance, Immigration, Labour & Service, Medical Negligence, Landlord & Tenant, Media and Entertainment, Motor Accident, NCLT, Property, R.T.I, Recovery, RERA, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Mohit Kumar

Advocate Mohit Kumar

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue, Banking & Finance

Get Advice
Advocate Kurra Ravi

Advocate Kurra Ravi

Arbitration, Anticipatory Bail, Court Marriage, Civil, Divorce, Family, Domestic Violence, Insurance, Landlord & Tenant, Muslim Law, Motor Accident, R.T.I, Recovery, Succession Certificate, Criminal, Cheque Bounce, Child Custody, Documentation, Medical Negligence

Get Advice
Advocate Naim Teti Ghanchi

Advocate Naim Teti Ghanchi

Anticipatory Bail, Cheque Bounce, Cyber Crime, R.T.I, Revenue

Get Advice
Advocate K Shashi Kumar

Advocate K Shashi Kumar

Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Family, High Court, Domestic Violence, Motor Accident, R.T.I, Recovery, Succession Certificate, Revenue, Anticipatory Bail

Get Advice
Advocate Kalimuddin Mallick

Advocate Kalimuddin Mallick

Cyber Crime, GST, Property, R.T.I, Tax

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.