LAWS(CHH)-2018-7-134

PRADEEP RAJ PAUL Vs. CHHATTISGARH STATE INFORMATION COMMISSIONER

Decided On July 17, 2018
Pradeep Raj Paul Appellant
V/S
Chhattisgarh State Information Commissioner Respondents

JUDGEMENT

(1.) In a second appeal preferred by the complainant, the State Information Commission has directed the Principal Secretary, School Education to obtain information from the petitioners and to furnish the same to the complainant and also levied damages to the extent of Rs. 3,000/- in exercise of power conferred under Section 19(8)(b) of the Right to Information Act, 2005 (for brevity, 'Act of 2005'). Questioning the levy of damages, this writ petition has been filed by the petitioners.

(2.) Learned counsel for the petitioner would submit that the State Information Commission has not recorded any finding that the complainant has suffered any loss or detriment and without recording any such finding, the order levying damages could not be passed and it is liable to be set aside.

(3.) Mr. S.S. Tekchandani, learned counsel appearing for the respondent No. 1 State Information Commission would oppose the submissions made by counsel for the petitioners and support the order impugned.