Case Law Details
State of Jharkhand Vs Information Commissioner (Jharkhand High Court)
The provision of compensation has been provided under the provision of Section 19(8)(b) of RTI Act, 2005 by which a Public Authority is required to compensate the complainant for any loss or other detriment suffered.
Since this Court has answered the issue about distinction in between Public Authority and the Public Information Officer, therefore, the part of the order of liability of compensation is to be inflicted upon the Public Authority to compensate the complainant.
The object of the Act to compensate the complainant by the Public Authority is for the reason that it is the Public Authority who is supposed to keep the document in safe custody and if the document is not found available, the compensation is required to be paid by the Public Authority.
Simultaneously, the State Public Information Officer who is the designated officer by the Public Authority, has also been casted some responsibility/accountability to provide the information sought for by the information seeker and if there would be any negligence in discharge of the aforesaid duty, the provision of penalty as also recommendation to initiated departmental proceeding has been provided under the provision of Section 20(2).
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