Ahmedabad: The Gujarat Information Commission (GIC) has set aside an order imposing a Rs 1,000 cost on an RTI applicant and directed that the amount be refunded within 10 days, holding that the first appellate authority had no legal power to levy such a penalty.The order was issued during an appeal filed by Vishal Panchmatiya against the public information officer (PIO) and the first appellate authority of the District Legal Services Authority (DLSA), Jamnagar. Panchmatiya had sought a copy of an application filed during mediation proceedings, along with related remarks.The PIO denied the information, citing provisions of the Mediation Act, 2023, and relevant rules that mandate confidentiality of mediation proceedings. The first appellate authority upheld the denial and additionally imposed a Rs 1,000 cost on the applicant, alleging repeated filing of similar RTI applications.During the hearing, the commission examined records and observed that Panchmatiya had not filed multiple applications in a manner that could be termed misuse of the RTI Act. It noted that there was no evidence to support the claim of repeated or frivolous applications within a single year.The commission further ruled that the first appellate authority does not have statutory power under the RTI Act to impose monetary penalties or costs on applicants. “Such an order is beyond jurisdiction,” the commission observed while quashing the order imposing the cost.However, on the issue of disclosure, the commission upheld the PIO’s decision, stating that the requested information pertained to mediation proceedings, which are protected under confidentiality clauses of the Mediation Act, 2023, and relevant civil procedure mediation rules. It added that no larger public interest had been established to override these provisions.Accordingly, while denying the information sought, the commission directed the PIO to refund the Rs 1,000 collected from the applicant within 10 days of the order.
