Can't Invoke Article 226 To Impose Penalties U/S 20 RTI Act Against Information Officers: Kerala High Court

A recent judicial ruling clarifies that only the Central or State Information Commissions possess the authority to impose penalties on Information Officers for non-compliance with the Right to Information Act. The High Court dismissed a petition seeking such penalties directly from the judiciary, emphasizing that Article 226 writ jurisdiction cannot be invoked for this specific purpose. This decision reinforces the statutory framework by ensuring that penalty enforcement remains within the specialized domain of Information Commissions rather than general courts. The case arose after a petitioner faced procedural hurdles, including a rejected first appeal and an undeliverable second appeal due to an incorrect address. Despite arguments that authorities acted willfully, the court held that the statutory remedy lies exclusively with the Information Commissions. This establishes a clear legal boundary, preventing litigants from bypassing the designated oversight bodies to seek punitive measures through higher judicial intervention. This precedent is highly relevant to open data advocates as it delineates the proper channels for accountability. By confirming that Information Commissions hold the exclusive power to penalize non-compliance, the ruling strengthens the mechanism for enforcing transparency. It reminds the public that effective oversight requires engaging with these specialized bodies, ensuring that penalties are applied consistently to uphold the integrity of open data initiatives.

Source: livelaw.in
Published on 2023-09-21

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