S.S. Saron, J. - (1.) The petition has been filed in the nature of a public interest for directing the respondents, i.e. the State of Punjab and the State Information Commission, Punjab, Chandigarh to implement the Right to Information Act, 2005 ('the RTI Act' - for short) in its true spirit so that the purpose of the same is not defeated/diluted.
(2.) During the course of hearing, the petitioner, who is appearing in person, submits that Section 20 of the RTI Act is not being implemented. The said Section reads as under:- "Section 20:- Penalties. - (1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 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 diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. (2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 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 recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him." (Emphasis added).
(3.) A perusal of the above Section 20(1) shows that it is penal in nature and lays down the procedure where penalty can be imposed as also its quantum. The Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal have been authorised to impose penalties where the Commission is of the opinion that the Central Information Officer or the State Public Information Officer, as the case may be, have without any reasonable cause refused to receive an application for information or had not furnished information within the time specified under sub-section (1) of Section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of request or obstructed in any manner in furnishing, it shall impose a penalty of Rs. 250/- each day till application is received or information is furnished, so however, the total amount of such penalty is not to exceed Rs. 25,000/-. In terms of Section 20 (2), the Central Information Commission or the State Information Commission for similar defaults can also recommend disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.;