U MOOSAKUTTY Vs. STATE INFORMATION COMMISSION

JUDGEMENT

(1.) This appeal is filed by the petitioner in W.P.(C) No.35932 of 2010.

(2.) We heard Counsel appearing for the appellant, learned Standing Counsel appearing for the 1st respondent and the Counsel appearing for the 2nd respondent.

(3.) The issue raised by the appellant is the alleged illegality on the part of the 1st respondent in not levying fine on the 2nd respondent in exercise of his powers under Section 20 of the Right To Information Act, 2005 (hereinafter referred to as 'Act' for short) . This contention is raised on the premise that though the appellant had submitted his application for information as early as on 24.11.2008 and remitted the fees thereupon on 31.12.2008, the information was issued only on 14.12.2009, pursuant to Ext.P4 order of the 1st respondent. It is stated that such belated issuance of information attracts Section 20 of the Act, and therefore the 1st respondent was not justified in not levying penalty.