'Officers Not Posted In Dept During RTI Response Period Cannot Be Penalised For Delayed Disclosure': Chhattisgarh High Court

The Chhattisgarh High Court ruled that public officials cannot be penalized for failing to respond to Right to Information requests if they were not posted in the relevant position at the time the inquiry was made. This decision establishes a critical procedural safeguard, ensuring that accountability under the RTI Act is strictly tied to the actual jurisdiction and tenure of the Public Information Officer responsible for the specific office involved. Furthermore, the court emphasized that information commissions must thoroughly verify records before imposing penalties, especially when official replies have been submitted but overlooked. The ruling highlights the necessity for rigorous fact-finding by regulatory bodies, preventing unjust punishment based on administrative errors or misinterpretations of who held the office during the critical period of the application. This case is vital for open data advocates as it clarifies that liability for delayed or missing information is personal and contextual, not blanket. It reinforces the principle that transparency mechanisms must be applied fairly, protecting officials from arbitrary sanctions while encouraging precise, valid requests. Ultimately, it ensures that the pursuit of government accountability does not come at the cost of unjust procedural outcomes, maintaining trust in the open data ecosystem.

Source: livelaw.in
Published on 2026-10-12

'Officers Not Posted In Dept During RTI Response Period Cannot Be Penalised For Delayed Disclosure': Chhattisgarh High Court

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