Section 19(8)(b) RTI Act.
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The Patna High Court has recently clarified the application of Section 19(8)(b) of the Right to Information (RTI) Act, 2005, emphasizing that compensation for delayed information can only be granted when the applicant demonstrates actual loss or detriment suffered due to the delay. This decision underscores that compensation is not an automatic entitlement under the RTI Act but is contingent upon tangible harm resulting from the delay.
This interpretation aligns with precedents set by other courts and information commissions. For instance, the Central Information Commission (CIC) has held that compensation under Section 19(8)(b) is permissible only when a second appeal under Section 19 is filed, not merely on the basis of a complaint under Section 18 . Additionally, the CIC has emphasized that compensation should correspond to the actual loss or detriment suffered by the applicant, rather than being a punitive measure .
In a related development, the Patna High Court awarded ₹5 lakh in compensation to a widow who faced a 15-year delay in receiving her husband’s pension, highlighting the court’s commitment to addressing significant administrative lapses that cause tangible harm .
This ruling by the Patna High Court reinforces the principle that compensation under the RTI Act is intended to remedy actual harm suffered due to non-compliance, rather than serving as a punitive measure for procedural delays.
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