J. UMESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is filed challenging Ext.P11 order passed by the State Information Commission, Kerala (for short, 'the Commission') whereby the petitioner was imposed with a penalty of Rs.3,000.00 under Sec. 20(1) of the Right to Information Act, 2005 (hereinafter 'the RTI Act' for short) for failure to furnish information to the applicant within the time specified under Sec. 7(1) of the RTI Act.

(2.) The petitioner, while working as Circle Inspector of Police, Ranni Police Station, was designated as Public Information Officer under the RTI Act. The 5th respondent made Ext.P1 application dtd. 22/4/2014 under the RTI Act seeking nine items of information. In reply to Ext.P1, the petitioner gave Ext.P2 on 20/5/2014.

(3.) The Commission therefore observed that non-furnishing of documents after asking the 5 th respondent to pay Rs.6.00 in the treasury and after remitting the said amount is not justifiable and further actions have to be taken against the petitioner. Accordingly, by Ext.P7, the Commission sought for explanation from the petitioner. The petitioner submitted Ext.P10 explanation stating that the petitioner asked the 5th respondent to remit Rs.6.00 towards the fees for the copy of the documents on the belief that the documents sought for are available in the record room. However, the same could not be traced when the treasury receipt was produced. The petitioner sought for time to furnish the documents and the documents were traced out from the old record room and the same were furnished to the 5th respondent by the petitioner's successor in office. The petitioner stated that there was no willful default in furnishing information to the 5th respondent.