PRAVEEN AGRAWAL Vs. INDER CHAND SONI

JUDGEMENT

(1.) The petitioner is a Public Information Officer posted in the office of the Chief Medical and Health Officer, Durg. The Second Appellate Authority / Chhattisgarh State Information Commission directed him to supply information sought for by respondent No. 1 herein but he did not supply the said information and it is alleged that the notice dated 03.11.2009 was issued to him but he did not submit his reply right in time and consequently, in exercise of power under Section 20(1) of the Right to Information Act, 2005 (for brevity "Act of 2005") by order dated 13.04.2010, penalty of sum of Rs.10,000/- has been imposed in each of the 13 cases upon the petitioner, feeling aggrieved against which this writ petition has been preferred.

(2.) Mr. Vinod Kumar Sharma, learned counsel appearing for the petitioner would submit that notices of penalty were never served to the petitioner and even otherwise the requirement under Section 20(1) of the Act of 2005 is non-supply of information has to be deliberate or intentional and without being satisfied of such requirement, the order of penalty has been passed which is per-se illegal.

(3.) Per contra, learned State counsel would oppose the submissions made by learned counsel for the petitioner and would support the order impugned.