R.T.I. Act
Querist :
Anonymous
(Querist) 26 May 2011
This query is : Resolved
If P.I.O. gives false information under R.T.I. Act, then whether he can be prosecuted.
Advocate. Arunagiri
(Expert) 26 May 2011
It depends upon the type of false information given.
The PIO is providing information based on the records only. He is not creating anything.
Guest
(Expert) 26 May 2011
Read section 20 of RTI ACT,2005
Penalties 20. (1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section
(1) of section 7 or malafidely denied the request for information or knowingly given
incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees:
Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him:
Provided further that the burden of proving that he acted reasonably and diligently
shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under subsection (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.
Isaac Gabriel
(Expert) 26 May 2011
You can file an appeal to the first appellate authoriy. There is no provision in the RTI act to prosecute the Government officials by the information seekers.
