DINESH VAGHELA Vs. GOA STATE INFORMATION COMMISSION

JUDGEMENT

(1.) By this petition, the petitioner is challenging the order dated 30.06.2009 passed by the Goa State Information Commission (State Commission, for short), by which a penalty of Rs.2,000/- is imposed on respondent no. 2 (who was the opponent no. 1 before the State Commission).

(2.) The brief facts are that the petitioner had sought certain information about leave records of one Kashinath Shetye, which application was rejected by the Public Information Officer (PIO) and also the First Appellate Authority. On 31.12.2008, the State Commission directed that the information be furnished within ten days. It appears that the third party, Mr. Kashinath Shetye challenged the order of the State Commission before this Court in Writ Petition No. 1/2009, which was filed on 02.01.2009. Admittedly, this Court did not grant stay to the order of the State Commission. The petitioner was heard on 09.01.2009 and the judgment was reserved and ultimately, on 20.01.2009, the petition was dismissed. Undisputedly, the information as directed, has been supplied on 21.01.2009.

(3.) In the meantime, on 12.01.2009, the petitioner requested the PIO to supply the information in compliance of the order of the State Commission. The PIO supplied part of information on 15.01.2009. On 28.01.2009, the petitioner moved the State Commission alleging breach of the order, by the PIO. The State Commission in the impugned order found that there was no deliberate non compliance of the order, by the respondent no. 2. However, the State Commission found that the respondent no. 2 was required to supply the copies of the leave applications dated 08.02.2008, 12.03.2008, 13.03.2008, 14.03.2008, 03.04.2008 and 04.04.2008.