Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him:
Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be.
(2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.
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Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Right to information.Section 4 · Obligations of public authorities.Section 5 · Designation of Public Information Officers.Section 6 · Request for obtaining information.Section 7 · Disposal of request.Section 8 · Exemption from disclosure of information.India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2025-11-18. Check the linked official text and subsequent notifications when applying a provision.