RAMESH KUMAR MOR Vs. CHHATTISGARH STATE INFORMATION COMMISSION

JUDGEMENT

(1.) Challenge in this writ petition is to the order dtd. 19/1/2023 whereby Respondent No. 1 has passed an order imposing penalty under Sec. 20(1) of the Right to Information Act, 2005 (for short "RTI Act") against petitioner.

(2.) Learned counsel for petitioner submits that the order imposing penalty against petitioner is passed without giving opportunity of hearing to him. Petitioner though was posted as Tahsildar, Ambikapur when the application under the RTI Act was filed, however, petitioner was transferred to district Rajnandgaon in the year 2018 vide order dtd. 31/7/2018 and pursuant to the order of transfer he was also relieved on 23/8/2018. It is the contention of learned counsel for petitioner that issuance of notice which is forming part of the impugned order Annexure P-1 to the Tahsildar, Ambikapur was on 13/11/2019 and thereafter on the date of issuance of notice petitioner was not posted in the office of Tahsildar, Ambikapur and therefore he was not aware of the proceedings initiated and pending before Respondent No. 1. For the said reasons, petitioner failed to appear and submit his explanation/ reply to the show-cause notice and could not able to defend in appropriate manner and therefore the order Annexure P-1 imposing penalty upon petitioner is in violation of principles of natural justice and it be set aside. In support of this contention that petitioner was transferred vide order dtd. 31/7/2018 and relieved on 23/8/2018, he relied upon the memo dtd. 8/10/2018, Annexure P-3. He submits that petitioner is presently posted as Nazul Officer, Raigarh, District Raigarh.

(3.) Learned counsel for Respondent No. 1 submits that Respondent No. 1 while considering the second appeal has particularly recorded that eight notices were issued to Tahsildar, Ambikapur, however, reply to any of the notice was not submitted and thereafter Respondent No. 1 has passed the order Annexure P-1 which cannot be said to be erroneous.