A.N. CHAUHAN Vs. PARDEEP BHARDWAJ & ANOTHER

JUDGEMENT

(1.) CM-8975-CWP-2016 Application for placing on record Annexure P12, is allowed, subject to just exceptions. Office to tag the same at appropriate place. Main case Petitioner challenges the order dated 01.06.2016 (Annexure P11) passed by the State Information Commission under the Right to Information Act, 2005, whereby the Commission has imposed a penalty of Rs. 25,000.00 upon him, to be recovered in 5 equal instalments.

(2.) The reasoning for passing the said order is that the petitioner, being the SPIO, had delayed furnishing information on an application which was filed on 16.11.2015 (Annexure P1) and the information was only furnished after a delay of more than 5 months, in May, 2016. A finding has been recorded that the petitioner handled the case as per his own whims. It is not disputed that the petitioner was issued a show cause notice on account of the fact that the information had been supplied only when the Commissioner had issued directions on 29.04.2016 to furnish the relevant information in a second appeal filed by the applicant.

(3.) The petitioner, in his reply to the show cause notice, issued under Sec. 20(1) of the Act, has taken the plea that the information was supplied on 02/03.05.2016, which is after the direction in the second appeal. The sole defence taken is that it was on account of ignorance and such type of mistake would not be repeated. Relevant part of the reply dated 11.5.2016 (Annexure P12) reads as under: