PREM KUMAR Vs. STATE INFORMATION COMMISSIONER

JUDGEMENT

(1.) RESPONDENT No. 4, on 1.7.2008, submitted an application to the Block Development and Panchayat Officer for seeking information under the Right to Information Act, 2005 (hereinafter referred to as "2005 Act"). that application was forwarded to the petitioner on 7.7.2008. The information being voluminous contained 2500 pages. Respondent No. 4 was called upon to pay Rs. 10/- per page for receiving information. Petitioner has relied upon Annexure P1 to say that he has incurred Rs. 2,500/- towards photostat charges. Petitioner as a Sarpanch of Gram Panchayat, Village Raja Kheri, has also informed vide Annexure P2 to respondent No. 4 to pay amount i.e. Rs. 25,000/- for receiving information. Aggrieved against this, respondent No. 4 had filed an appeal. In appeal, the Appellate Authority concluded that the petitioner- Sarpanch was not at fault. The information was to be supplied after deposit of requisite fee within seven days. Respondent No. 4 being aggrieved approached the State Information Commissioner, Haryana, and his application was treated as a complaint under Section 18(2) of 2005 Act. The State Information Commissioner, Haryana, came to conclusion that the documents were required to be supplied within 15 days free of costs. A show cause notice was further issued to State Public Information Officer-cum-Block Development and Panchayat Officer, Panipat, and deemed State Public Information Officer-cum-Sarpanch to show cause as to why the penalty at rate of Rs. 250/- per day for delay of each day, should not be imposed upon them.

(2.) MR . Vikram Singh has stated that if for providing information expenses are to be incurred and the Authorities are well within their rights to prescribe rate for supply of each page of information.

(3.) MR . Sunil Nehra, Assistant Advocate General, Haryana, appearing for the State, has referred to Section 27 of 2005 Act which vest powers in the appropriate Government to make rules to carry out the provisions of the Act. Section 27 of 2005 Act vests power in the appropriate Government to prescribe fee payable under Sub Section (1) to Section 6 of 2005 Act and fee payable under Sub Sections (1) and (5) to Section 7 of 2005 Act.