SHEKHAR CHANDRA VERMA Vs. STATE INFORMATION COMMISSIONER BIHAR

JUDGEMENT

(1.) THE present appeal has been filed against the order dated 10.09.2009 passed by the learned Single Judge in CWJC No.11913 of 2009 dismissing the writ application which had been filed for quashing the order dated 29.07.2009 whereby a penalty of Rs.25,000/- had been imposed on the appellant under the provisions of the Right to Information Act, 2005 (hereinafter referred to as the ?RTI Act?).

(2.) AN application dated 24.04.2008 was filed by Sri Sanjay Kumar Azad (Respondent no.3) seeking certain information under the RTI Act on various points. It is relevant to note that para 2 (iv) of the said application required, inter alia, the information on the points enumerated therein to be supplied after carrying out physical inspection of the site. Patna High Court

(3.) IN the instant case, it is an admitted fact that well after the appellant was transferred out from Biharsharif an enquiry was carried out and based on the pursuant report dated 02.02.2009, certain supplementary information was provided by the appellant?s successor. Clearly therefore, the further information as supplied by the appellant?s successor was neither held by nor was under the control of the appellant while he was posted at Biharsharif.