"No escape from RTI even if it is impossible to reply"
By Shyam Prasad S, Bangalore Mirror Bureau | Updated: Oct 4, 2018, 06:00 IST
https://bangaloremirror.indiatimes.com/bangalore/others/no-escape-from-rti-even-if-it-is-impossible-to-reply/articleshow/66060436.cms
Dr D Narayanaswamy, the PIO of the KR Puram sub-division was the officer in the dock. ARS Kumar, a social activist had filed an application seeking information under the Right to Information Act in September 2011. Under the Act, all information has to be catalogued. The applicant sought the entire list and all the information suo moto published by the police stations under the jurisdication. The information sought was from the period starting the establishment of all these police stations.
When the information was not furnished within the stipulated time, a complaint was filed by Kumar before the KIC. Narayanaswamy replied to the KIC that he had sought all the information from the respective police inspectors of each police station. The information sought was very volumnioius and pertaining to various police stations. So there was delay in compiling it.
In the meantime, the information was provided on August 9, 2012, nearly a year after the application was filed. The SIC, on September 4, 2012, however imposed a fine of Rs 10,000 on Narayanaswamy for failing to provide the information to Kumar.
Narayanaswamy challenged the fine in the High Court. To a pointed question from the High Court as to "what should happen when the information sought under the RTI Act is so volumnious and it is humanly impossible to furnish the information within 30 days," the advocate for the SIC "fairly admits that there is no escape from the rigours of the RTI Act."
Narayanaswamy challenged the fine in the High Court. To a pointed question from the High Court as to "what should happen when the information sought under the RTI Act is so volumnious and it is humanly impossible to furnish the information within 30 days," the advocate for the SIC "fairly admits that there is no escape from the rigours of the RTI Act."
The order of fine was in accordance with law, the counsel submitted to the HC. The information as contemplated under the RTI Act should necessarily be available with the PIO. That is the essence of the RTI Act, the counsel told the court.
The HC said that the order of the SIC cannot be faulted as the punishment contemplated under the Act should necessarily follow if the information is not provided within the stipulated period. "However the predicament of the petitioner (Narayanaswamy) also has to be taken into consideration," it said.
Reducing the fine imposed on him, the court said, "Taking into consideration the totality of the situation, this Court is of the opinion that the penalty of Rs 10,000 that was imposed on the petitioner is on the higher side."
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Posted by: Anil kumar <anil_crp@yahoo.com>
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