Patna High Court: No Compensation U/S 19(8)(b) RTI Act Can Be Granted If No Material To Demonstrate Actual Loss Due To Delayed Information Can Be Shown
The Patna High Court was considering a Writ Petition filed for directing the State Information Commission to grant compensation to the Petitioner.
The Patna High Court has held that it is necessary to demonstrate the extent of loss or detriment suffered for award of compensation under Section 19(8)(b) of the RTI Act, 2005.
The Court was considering a Writ Petition filed for directing the State Information Commission to grant compensation to the Petitioner.
The single bench of Justice Rajesh Kumar Verma observed, "....this Court has come to the conclusion that the petitioner has not produced/demonstrated the extent of loss or detriment suffered by him for award of compensation under Section 19(8)(b) of the RTI Act, 2005 and apart from that, the petitioner has not challenged the order dated 16.08.2019 by which the appeal of the petitioner was disposed of by the State Information Commission without awarding the compensation under Section 19(8)(b) of the RTI Act, 2005."
The Petitioner was represented by Advocate Nilamber Prasad Verma while the Respondent was represented by Senior Advocate Satyabir Bharti.
Facts of the Case
The Respondent contended that the Petitioner had not filed any Application before the State Information Officer seeking award of compensation under Section 19(8)(b) of the RTI Act, 2005 and had not produced any material before the Commission to demonstrate the actual loss or detriment, if any, suffered by him due to delayed information provided to him by the Public Authority of the Board.
Reasoning By Court
The Court concluded that the Petitioner had not produced/demonstrated the extent of loss or detriment suffered by him for award of compensation under Section 19(8)(b) of the RTI Act, 2005 and apart from that, the Petitioner has not challenged the order by which the Appeal of the Petitioner was disposed of by the State Information Commission without awarding the compensation under Section 19(8)(b) of the RTI Act, 2005.
The Petition was accordingly disposed off.
Cause Title: Amit Anand vs. Bihar Information Commission
Appearances:
Petitioner- Advocate Nilamber Prasad Verma,
Respondent- Senior Advocate Satyabir Bharti, Advocate Abhishek Anand, Advocate Binita Singh
Click here to read/ download Order
