KUSHAL SINGH RATHOD Vs. CHHATTISGARH STATE INFORMATION COMMISSION

JUDGEMENT

(1.) The information seeker / respondent No. 2 sought certain information by filing an application under the Right to Information Act, 2005 (for brevity, 'Act of 2005') on 28.04.2016 which was supplied to him by the petitioner being a Public Information Officer on 07.06.2017 after receipt of second appeal filed by respondent No.2. Thereafter, by impugned order dated 09.03.2018, the State Information Commission has imposed penalty of Rs. 25,000/- under Section 20(1) of the Act of 2005 against the petitioner for not providing information within stipulated time. Questioning that order, this instant writ petition has been preferred by the petitioner.

(2.) Learned counsel appearing for the petitioner would submit that the impugned order is unsustainable and bad in law as no finding has been recorded in terms of Section 20(1) of the Act of 2005 that the information has been supplied with delay without reasonable cause.

(3.) On the other hand, Mr. Tekchandani learned counsel appearing for respondent No. 1- State Information Commission, would support the impugned order.