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2023 (2) TMI 472 - CENTRAL INFORMATION COMMISSIONDisruption in the easement right of way to his (complainant) home - laying down of wi-fi transmission cable lines by the Jio Fibrenet Ltd. passing through the house of compainant - complainant is aggrieved by the fact that the CPIO did not facilitate him complete desired information after liasioning with the private entity i.e. Jio Fibrenet Pvt. Ltd. as per Section 2(f) read with Section 2(j) of RTI Act - HELD THAT:- The Commission upon a perusal of records and after hearing submissions of the parties finds no infirmity in the reply and as a sequel to it further clarifications tendered by the Respondent no. 1 during hearing as it adequately suffices the information sought by the Complainant in terms of RTI Act. Moreover, the Commission is not inclined to accept the contention of the Complainant for initiating penal action against the CPIO in the absence of any malafide ascribed on their part. In this regard, the attention of the Complainant is drawn towards a judgment of the Hon’ble Delhi High Court in the matter of Registrar of Companies & Ors. v. Dharmendra Kumar Garg & Anr. [2012 (6) TMI 176 - DELHI HIGH COURT] wherein it was held that Merely because the CIC eventually finds that the view taken by the PIO was not correct, it cannot automatically lead to issuance of a show cause notice under Section 20 of the RTI Act and the imposition of penalty. The legislature has cautiously provided that only in cases of malafides or unreasonable conduct, i.e., where the PIO, without reasonable cause refuses to receive the application, or provide the information, or knowingly gives incorrect, incomplete or misleading information or destroys the information, that the personal penalty on the PIO can be imposed. Considering the inability of the Complainant in substantiating his level of dissatisfaction with the CPIO’s reply in the instant Complaints, no further action is warranted in the instant matters - Complaint disposed off.
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