SANTOKH RAJ Vs. STATE INFORMATION COMMISSION

JUDGEMENT

(1.) The petitioner challenges the order dtd. 4/8/2011 (Annexure P/3) whereby penalty of Rs.25,000.00 has been imposed upon him under Sec. 20 (1) of the Right to Information Act, 2005 (hereinafter referred to as "the Act"). Challenge has also been raised to the order dtd. 8/9/2011 (Annexure P/5) whereby interim compensation of Rs.3,000.00 was awarded on an application filed by the petitioner for setting aside the order dtd. 4/8/2011 (Annexure P/3).

(2.) The grouse of the petitioner is that being the Branch Manager of Gurdaspur Central Coop. Bank, Fatehgarh Churian, District Gurdaspur, a penalty of Rs.25,000.00 was levied upon him on account of the fact that the application dtd. 20/3/2010 (Annexure P/1) under the Act has been moved by respondent no.3 seeking information and which had not been acted upon. It is his case that the head office vide communication (Annexure **** P/2) had replied to respondent no.3 that the bank was not a public authority so Sec. 2 (h) of the Act was not applicable to it and the bank was not bound to furnish information. It is a matter of fact that private respondent thereafter filed a complaint aggrieved against the non supply of information before the respondent Commission. Proceedings had been adjourned sine die on account of the fact that the issue whether Act would be applicable or not to the Cooperative Societies was pending before this Court.

(3.) The complaint was reopened thereafter and on account of the non appearance of the petitioner, who had been arrayed as Public Information Officer in the complaint of the Cooperative Bank, a penalty of Rs.25,000.00 was imposed which was to be deposited in four monthly equal installments. The Commission had also exercised its powers under Sec. 18(3) of the Act to enquire into the matter and directed the petitioner to come forth and to be present in the Commission and bring all the relevant record relating to four queries of the information sought by the private respondent. Thereafter, an application for setting aside exparte order dtd. 4/8/2011 (Annexure P/3) was filed by the petitioner on 8/9/2011 (Annexure P/4).