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2009 (4) TMI 515 - DELHI HIGH COURTRTI - petitioner was sought to be proceeded against departmentally for the sin of approaching the PIO under the RTI Act, - a right guaranteed to him in law. in such cases, it is cold comfort for a litigant - such as the petitioner/applicant - who was driven to seek information, to approach the CIC, to be told that the erring official would be proceeded with departmentally especially after recording that the lapse i.e. the delay or even the unreasonableness of withholding of information was unjustified - respondent’s contention regarding possible prejudice in his departmental enquiry is concerned, this Court feels that an order under Section 20 would not in any manner come in the way of his defenses, lawfully available to him in such proceedings. The sixth respondent is not denying the findings recorded in the order in fact he has not even challenged it - Information seekers are to be furnished what they ask for, unless the Act prohibits disclosure; they are not to be driven away through sheer inaction or filibustering tactics of the public authorities or their officers. It is to ensure these ends, that time limits have been prescribed, in absolute terms, as well as penalty provisions. These are meant to ensure a culture of information disclosure so necessary for a robust and functioning democracy – Held that:- order to the extent it discharges the sixth respondent of the notice under Section 19(8) and does not impose the penalty sought for has to be declared illegal, respondent is hereby directed to deduct the same from the sixth respondent’s salary in five equal installments and deposit the amount, with the Commission, Writ Petition is allowed in the above terms.
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