No staff,excess work are not grounds to decline information under RTI: High Court

The petitioner,PIO Tiwana,had provided three reasons for the delay in supplying information to the complainant. First,the Improvement Trust was functioning with only 40 per cent of its sanctioned staff strength. Second,there was a heavy rush for registration of plots under a scheme which was expiring and third,additional work of Census was being carried out by the staff.

Rejecting all reasons put forth by Tiwana,Justice Augustine George Masih stated: “If such excuses are accepted,it would make the RTI Act redundant and ineffective and frustrate the object for which RTI Act has been enacted. Such internal administrative reasons cannot be treated as a defence for not supplying the information under the provisions of RTI Act.”

Masih,however,accepted Tiwana’s contention that though the application was received in January,2010,he had joined the Ludhiana Improvement Trust only on May 11,2011. Therefore,he was not responsible for the delay on the part of the earlier PIO.

Following this,Masih reduced the quantum of penalty from Rs 25,000 to Rs 18,750,thereby partly allowing the petition filed by Tiwana.