Analysis: What exactly is RTI Section 20 saying?

Is it true that penalty for delay or wrongful denial of information is mandatory? The word "shall" in Section 20 means that Information Commissioner MUST impose penalties and/or recommend disciplinary action against PIOs.

But Section 20 also says, "Where the Information Commission is of the OPINION that " So, is penalty to depend on the opinion or discretion of the SIC/CIC? And therefore it can be argued that penalty is not mandatory.

How can we reconcile these two seeming contradictions? How to use Section 20 in arguments before appellate authorities?

Please increase your understanding of Section 20 so that you can argue cases with more force. Read this analysis: http://www.box.net/shared/5aob0jmigz