RTI applicants can't be force to visit offices for payment, information collection: Navsari cop penalised

By A Representative

In a significant ruling, the Gujarat State Information Commission (GSIC) has reinforced the provisions of the Gujarat RTI Rules, 2010, making it clear that applicants under the Right to Information (RTI) Act, 2005, cannot be compelled to visit government offices solely for the purpose of fee payment or collecting information.

The case pertains to Dr. Divyangi Patel, who runs a multi-speciality hospital on Khergam-Bahej Road in Navsari district. She had sought information from the Khergam Police Station regarding action taken on a complaint she had lodged. In response, the Public Information Officer (PIO), a Police Sub-Inspector, asked her to collect the information after making the required payment — but failed to mention the number of pages or permissible modes of payment, both of which are mandated under the Gujarat RTI Rules, 2010.

The rules allow RTI applicants to make payments through non-physical means such as Indian Postal Orders, demand drafts, government chalans, or pay orders — thus eliminating the need to visit government offices in person.

After Dr. Patel pointed out the relevant rules but received no further response, she filed a first appeal with the Superintendent of Police, who was found to be unaware of the PIO’s obligations under the RTI framework. She then approached the Gujarat State Information Commission.

Taking note of the matter, the Chief Information Commissioner ruled that the PIO’s actions amounted to a deliberate denial of information by failing to follow due process. A penalty of ₹5,000 was imposed on the Police Sub-Inspector for this non-compliance.

The order is particularly relevant in the context of ongoing complaints of police misconduct and intimidation of citizens visiting police stations. According to the Gujarat State Information Commission’s Annual Report for 2023–24, the Home Department received the highest number of RTI applications — 40,263 — indicating a strong demand for transparency and accountability in law enforcement.

The Commission’s ruling is expected to serve as a precedent, strengthening citizen rights under the RTI Act and pushing for greater administrative compliance with procedural norms.

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