JOHNSON B FERNANDES Vs. GOA STATE INFORMATION COMMISSION

JUDGEMENT

(1.) The petitioner, who was at the relevant time a Mamlatdar and Public Information Officer (PIO) under the Right to Information Act, 2005 (Act, for short), is challenging the order dated 15/04/2011, passed by the Goa State Information Commission (State Commission, for short), thereby imposing a penalty of Rs.5,000/- under Section 20 of the Act, for delay in furnishing the information. The respondent no.2 had filed an application seeking information under the Act on 09/02/2010 and the Appellate Authority had directed the information to be furnished. There was a delay of 7 months on the part of the petitioner in furnishing the information. In response to the show cause notice, the petitioner filed a reply on 24/02/2011 stating that he along with his staff was busy in the election to the Zilla Panchayat, 2010 in the month of February and thereafter, in the work of first phase of census operation, which was conducted soon after the by-election to Zilla Parishad, in May, 2010.

(2.) It was contended that the petitioner was unable to keep track and/ or monitor the progress of the application made by the respondent no.2. It was further contended that the dealing hand was also new to the post and was not conversant with the subject matter of the case as the information sought for was regarding a financial matter.

(3.) The State Commission, in para 5 of the impugned order found that the explanation of the petitioner was satisfactory "to some extent". However, at the same time, the State Commission found that the delay was inexcusable and, therefore, proceeded to impose the penalty of Rs.5,000/-.