SP ARORA Vs. STATEINFORMATION COMMISSION HARYANA

JUDGEMENT

(1.) THE challenge in the present writ petition is to the order dated 23-8-2007 (Annexure P-13), whereby the State Information Commission, Haryana, has imposed a penalty of Rs. 10,000/- on the petitioner for the lapse on his part, to be recovered in four monthly instalments. The commission has also imposed a costs of Rs. 2000/- on account of considerable harassment meted out to respondent No. 3.

(2.) RESPONDENT No. 3 sought certain information in respect of plot No. 609, Sector 8, Panchkula. The said application was received in the Estate Office on 29-1-2007. The information sought was in respect of the steps taken for transfer of the aforesaid plot in the name of Rajiv Arora (hereinafter referred to as 'the applicant'); Sandeep Arora and Anurag Arora. The aforesaid plot No. 609, Sector 8, Panchkula was originally allotted to one Shri Madan Lal. A Power of attorney was executed by Shri Madan Lal in favour of Shri Ram Sarup, father of the applicant on 31-1-1990. The said Power of attorney was cancelled on 15-11-1996 and a fresh General Power of Attorney was executed in favour of one B. R. Verma. The cancellation of the Power of Attorney in favour of father of the applicant was alleged to be an act of fraud. Shri Madan Lal was informed by the Estate Office that the plot cannot be transferred in the name of B. R. Verma, Shri Madan Lal filed a civil suit on 20-7-1998, challenging the action of the estate Officer, refusing to transfer plot in favour of B. R. Verma. The said civil suit was dismissed on 8-2-2006. The first appeal was dismissed on 15-6-2006. Madan lal filed a second appeal, the information of which was given to the Estate Officer by Shri madan Lal on 14-2-2007.

(3.) AS per the petitioner, the office file of plot No. 609, Sector 8, Panchkula, was with the ICICI Bank in relation to the project of computerization of the official record of the office of Estate Office: 20,000 files, including the file of the plot in question were sent for computerization on 18-12-2006. The files were in the office of ICICI Bank from 18-12-2006 to 22-2-2007 and from 13-3-2007 to 30-3-2007. The information sought by the applicant was supplied on 10-4-2007 after the files were finally returned on 30-3-2007.