9911796707
TMI Blog2018 (9) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... on filed by the petitioner, this appeal has been filed. The facts in brief indicate that on 19.10.2013, the appellant had filed an application seeking information under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO). It seems that the CPIO came to the conclusion that it was not practicable provide the information and denied the same vide order dated 21.11.2013. However, the appellant was granted option to carry out an inspection and take out copies thereof. Aggrieved by the same, the appellant preferred an appeal under the RTI Act and the Appellate Authority did not interfere in the matter. At the instance of the appellant, however, further appeal was filed before the Central Information C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in rank to the CPIO. According to the appellant, the senior officer would also include and be known as a CPIO as there is no separate definition of the first Appellate Authority in the Act. He, therefore, argued that the words 'CPIO' appearing in Section 20(2) would also mean the Appellate Authority, that is to say that the Appellate Authority indicated in Section 19(1) would also be a CPIO and, therefore, the CIC had not committed any error in the matter. 4. The learned counsel for the Union of India pointed out that once the CPIO has been defined in the Act to mean the person who is to give the information at the first instance and when an appeal is provided to a senior officer in case of non-disclosure of information by the CPIO, conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and dilige ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer designated under sub-section (1) and includes a Central Assistant Public Information Officer designated as such under sub-section (2) of section 5;" 8. Section 19(1) of the Act reads as under:- "19. Appeal.- Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accepted then by that interpretation, we would be expanding the meaning of a CPIO and we would be adding something more into the definition of CPIO than the one as was conceived by the legislature. This is not permissible under law and when the CPIO is only indicated to be officer against whom penal action can be taken under Section 20, we cannot read into the said statutory provision anything more by supplying words or meaning which would enlarge the scope of the penal provisions under Section 20. That apart, the CPIO being custodian of the information or the documents sought for, is primarily responsible under the scheme of the RTI Act to supply the information and in case of default or dereliction on his part, the penal action is to be i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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