Powers and Functions of Central Information Commissions, Appeals and Penalties

Central Information Commission (CIC) in India plays a crucial role in enforcing the Right to Information Act, 2005, by ensuring transparency and accountability in the functioning of public authorities. The CIC is vested with specific powers and functions, which allow it to effectively oversee and implement the provisions of the Act.

Powers of the Central Information Commission

• Quasi-Judicial Powers:

CIC has the power to adjudicate on any dispute or appeal in relation to accessing information under the RTI Act. It functions like a court, but it is not a court of law. However, its decisions are binding.

• Summoning Power:

During the hearing of complaints or appeals, the CIC can summon and enforce the attendance of people deemed necessary, require them to give oral or written evidence, and compel the production of documents.

• Inspection of Records:

CIC has the authority to inspect any record under the control of a public authority which is under investigation or appeal.

• Imposing Penalties:

CIC can impose penalties on Public Information Officers (PIOs) or any officer under the RTI Act who has acted in a manner which contravenes the law, such as refusing to accept an application, failing to provide information within the stipulated time, or knowingly giving incorrect information.

• Recommending Disciplinary Action:

Apart from imposing penalties, the CIC can also recommend disciplinary action against the PIO or any other official as per the service rules applicable to them.

Functions of the Central Information Commission

• Adjudication of Appeals and Complaints:

CIC adjudicates appeals and complaints against decisions of the PIOs, including cases where there is no response to the RTI request within the specified period.

• Monitoring and Reporting:

Commission monitors the implementation of the RTI Act by various public authorities and reports to the Central Government annually. The report is then laid before each house of Parliament.

• Issuing Recommendations:

CIC issues recommendations for reform to public authorities in order to promote transparency and accountability.

• Guidance and Advisory Role:

Commission provides guidance to the public and the government on all matters relating to the RTI Act. It may advise the government on policy matters related to the Act.

• Creating Awareness:

CIC undertakes measures to promote awareness about the RTI Act among the public.

• Specifying Formats:

Commission has the power to specify the format in which the records should be kept by the public authorities under the RTI Act.

• Addressing Non-Compliance:

CIC can address any matter relating to non-compliance of the RTI Act’s provisions by the public authorities.

Appeals to the Central Information Commission

1. First Appeal:

If an individual is not satisfied with the response (or lack thereof) from the Public Information Officer (PIO) of a public authority, or if the individual believes that the information provided is incomplete, misleading, or falsely denied, they can file an appeal. The first appeal is to be made to an officer who is senior in rank to the PIO within the same public authority, known as the First Appellate Authority (FAA), within 30 days from the date on which the limit to reply by the PIO expired or the decision was received.

2. Second Appeal:

If the appellant is not satisfied with the decision of the FAA, or if the FAA does not reply within the specified time frame (usually within 30 days of receipt of the appeal, extendable by 15 days), the appellant has the option to file a second appeal with the Central Information Commission. The second appeal must be filed within 90 days from the date on which the decision should have been made or was actually received.

3. Grounds for Appeal:

The grounds for the second appeal include a decision or lack thereof by the FAA, denial of information, incomplete or misleading information provided, non-adherence to the timelines specified by the RTI Act, and any other matter relating to obtaining information under the RTI Act.

Penalties by the Central Information Commission

The RTI Act empowers the CIC to impose penalties on PIOs or other officials responsible for providing the requested information under certain circumstances:

1. Conditions for Penalty:

The CIC can impose a penalty if it is found that the PIO, without any reasonable cause:

• Refused to receive an application.
• Did not furnish the information within the specified time limits.
• Malafidely denied the request for information.
• Knowingly gave incorrect, incomplete, or misleading information.
• Destroyed information that was the subject of the request.

2. Amount of Penalty:

The penalty is imposed at the discretion of the CIC and is subject to a maximum of Rs. 25,000. It is calculated at the rate of Rs. 250 per day of delay in providing the information or for the period during which the above acts continue, starting from the day after the end of the specified period till the date the information is finally provided or the decision of refusal is notified.

3. Disciplinary Action:

Apart from imposing a penalty, the CIC may also recommend disciplinary action against the PIO under the service rules applicable to them.