Chhattisgarh High Court Sets Aside RTI Penalty Against Officers Posted Later

The Chhattisgarh High Court quashed a ₹25,000 Right to Information penalty against two revenue officers who had not been posted in the concerned office when the information request and first appeal were filed.

Background

The dispute arose from a June 2018 application seeking details of ponds and encroachments in Dhamdha. When information was not supplied, the applicant pursued statutory appeals. The State Information Commission later imposed a penalty and directed disciplinary action against Tahsildar Hemlata Dahariya and Naib Tahsildar Durga Sahu.

Legal issue

The officers argued that they joined the office only after the relevant request and appeal and that the Commission had wrongly recorded that they never submitted explanations. Posting records showed that the first petitioner began work there on 16 August 2018 and the second served from 31 July to 16 August 2018, after the original request and first appeal.

Court reasoning and significance

Justice Amitendra Kishore Prasad examined the posting details and the replies received by the Commission. The record showed that both officers had responded, although the Commission had failed to take the replies into account. The Court also observed that the RTI application was vague about the precise information sought. Responsibility for a failure to respond could not be attached to these officers merely because they held office later. The ruling is fact-specific and does not excuse an officer who actually bears statutory responsibility during the relevant period.

Decision and next step

The Court set aside the Commission’s April 2021 order insofar as it imposed the ₹25,000 penalty on the petitioners, together with consequential action relating to that penalty. The judicial order was made on 5 October 2026 and reported on 11 October.