RTI Act – No Penalty for Destruction of Information in Absence of Malafide

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 Secti...