VINOD KUMAR, S/O. SHARANAPPA HOSALLI Vs. THE COMMISSIONER, KARNATAKA INFORMATION COMMISSION, NO. 14/3, ARAVINDA BHAVAN, MITHIC SOCIETY BUILDINGS., NRUPATHUNGA ROAD, BANGALORE-560001 AND OTHERS

JUDGEMENT

(1.) I have heard the learned Counsel for the parties. The 5th respondent had made an application to the first respondent seeking certain information under the Right to Information Act, 2005. Thereafter, the petitioner has forwarded the said application to the second respondent as he was not the authority to furnish the information under the Right to Information Act. The second respondent has furnished the said information as per Annexure 'E' to the 5th respondent. The first respondent passed the order at Annexure 'H' directing payment of penalty of Rs. 10,000/ - on the ground that petitioner has failed to furnish the information within the prescribed period.

(2.) IT is evident that the petitioner was not the authority to furnish the information under the Right to Information Act. Therefore, he has diligently forwarded the application to the competent authority. This was also informed to the 5th respondent by his letter at Annexure 'B' dated 14.3.2011. In the circumstances, the first respondent was not justified in imposing penalty under the order at Annexure 'H'. The imposition of penalty of Rs. 10,000/ - on the petitioner as per the order at Annexure 'H' dated 22.2.2012 and the communication at Annexure 'J' dated 2.3.2012 are hereby quashed. The writ petition is accordingly allowed. No costs.