BHUPENDRA KUMAR KUKRETI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the order dated 25-8-2009 passed by the Chief Information Commissioner (Annexure-1) as well as the order dated 7-10-2009 passed by the Additional Director of Education whereby the petitioner has been placed under suspension i.e. Annexure No.2.

(2.) By the order dated 25-8-2009, the appellate authority has dismissed the appeal preferred by the petitioner was dismissed on the ground that the information sought by the petitioner had already been given on 2-5-2009 and direction was given to the Additional Director, Garhwal Mandal, Pauri for initiating administrative proceeding against the petitioner.

(3.) The order of the second appellate authority has been challenged firstly on the ground that the impugned order has been passed in the absence of the petitioner and secondly, that no information, which was sought under the Right to Information Act, 2005 (for short the Act) by the petitioner has been supplied so far to the petitioner. Thirdly, by the impugned order the second appellate authority has made recommendation for taking administrative action, but that order is beyond his jurisdiction, in view of the provisions of Section 19(8) read with Section 20 of the Act. By a conjoin reading of these provisions, it is obvious that the Chief Information Commissioner is not empowered to impose a penalty to a person, who sought the information under the Act. Thus the order impugned passed by the Chief Information Commissioner so far as it relates to the recommendation for taking administrative action against the petitioner is concerned, the same is without competence.