Case Law Details
Thakarshibhai Bhurabhai Jajal Vs Gujarat State Information Commissioner (Gujarat High Court)
Under section 20(2) of the RTI Act, where a monetary penalty is imposed, the Information Commission can also recommend disciplinary action against the PIO under the applicable service rules.
It was submitted by appellant that as per the provisions of Section 20(2) of the Right to Information Act, 2005 (RTI Act) the record of the deceased petitioner, which has been illegally destroyed, appropriate penalty may be imposed upon the respondent.
In the considered opinion of this Court, the provision of Section 20(2) of the RTI Act will not apply in the present case as it is not the case of the petitioners that any incorrect or misleading information has been provided to them or the information has been destroyed mala fidely. If the petitioners are aggrieved by the action of the respondent authority in non-preservation of the record or destruction of the record in illegal manner, they may approach the concerned authority. There is no finding of any of the authority that such information has been destroyed with mala fide intent. While exercising discretionary power vested under Article 226 of the Constitution of India, this Court cannot delve in the question of fact with regard to destruction or non-preservation of the record of the deceased petitioner.
FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT
Please become a Premium member. If you are already a Premium member, login here to access the full content.
