ARBIND PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this intra Court appeal the sustainability of the order dated 16-7-2009 passed by the learned single Judge in C.W.J.C. No. 8043 of 2009 whereby he has concurred with the order passed by the State Information Commissioner is called in question.

(2.) The facts which are requisite to be exposited are that the appellant-petitioner, who was posted as Panchayat Secretary-cum-Public Information Officer, Gram Panchayat Raj Chauriya Harnaut, District Nalanda received an application from the 6th respondent on 25-2-2008 for providing informations regarding appointment of Shiksha Mitra which was made by the then Mukhiya, the number of forms, mark sheet of the applicants, roster point and the merit list. That apart the information was asked for proposed and sanctioned amount regarding drainage and the amount that had been expended in certain drainages and installation of hand-pipes. The appellant provided the informations as were available with him to the respondent No. 6. Despite the same, the said respondent made an application before the respondent No. 3, the Secretary, Bihar State Information Commission, Patna stating, inter alia, that the information had not been supplied to him. On the base of said allegations a notice to show cause was issued to him to which he submitted an explanation in which he had categorically stated that after getting the relevant records from the custody of the 5th respondent, he had given the requisite informations. The 5th respondent submitted an explanation before the 3rd respondent stating that all the records had been handed over to the appellant and, therefore, he could not be blamed for the delay. The respondent No. 3 by order dated 27-4-2009 imposed penalty of Rs. 25,000/- for violation of Section 7(1) of the Right to Information Act, 2005 (for brevity 'the Act') to be realised from the appellant.

(3.) Being dissatisfied with the order passed by the Secretary, Bihar State Information Commission, the present appellant invoked the jurisdiction of this Court under Article 226 of the Constitution of India assailing the order passed by the State Information Commissioner in Case No. 8998 of 2008-09. It was was contended before the learned single Judge that the appellant-petitioner was not at fault and there were sufficient grounds to come to a conclusion that the delay caused would not have been attributed to appellant. That apart, it was also urged that the order passed by the authority under the Act is not in accord with the procedure and that makes the order vulnerable and ultra vires.