LAWS(PAT)-2017-2-52

IMRAN ALAM, SON OF LATE MOHAMMAD MOIUDDIN, RESIDENT OF HARUN NAGAR, SECTOR NO. 1, ROAD NO. 6, HOUSE NO. 68, POLICE STATION Vs. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, GOVERNMENT OF BIHAR, PATNA

Decided On February 09, 2017
Imran Alam, Son Of Late Mohammad Moiuddin, Resident Of Harun Nagar, Sector No. 1, Road No. 6, House No. 68, Police Station Appellant
V/S
The State Of Bihar, Through The Principal Secretary, Government Of Bihar, Patna Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has moved the Court for quashing of the order dated 01.06.2015 passed in Case No. 87264 of 2012-13, by the State Chief Information Commissioner, Bihar as contained in Memo No. 7026 dated 11.06.2015.

(3.) The petitioner, at the relevant time, was posted as Block Supply Officer at Naubatpur in the District of Patna and was also designated as Public Information Officer under the Right to Information Act, 2005 (hereinafter referred to as the 'Act'). On 09.11.2012, the respondent no. 6, filed an application before the petitioner seeking information relating to distribution by a particular PDS dealer under Adala Panchayat among the beneficiaries. Such information not being available with the petitioner, he wrote to the concerned PDS dealer on 17.11.2012 to supply the information making him aware that the same was sought under the Act. The dealer was asked to furnish such information within one week. However, the same was not done and only on 10.12.2012, the concerned PDS dealer sent the information to the petitioner. As per the requirement under the Act, the petitioner wrote to the respondent no. 6 to deposit Rs. 2,548.00 for getting copies of the documents relating to such information. In the meantime, the respondent no. 6 moved before the Appellate Authority on 19.12.2012 but when nothing happened, he filed Second Appeal on 22.01.2013 under the Act and the same has finally resulted in the impugned order dated 01.06.2015 by which a penalty of Rs. 25,000.00 has been awarded against him under Sec. 20(1) of the Act with a further direction to initiate departmental proceeding under Sec. 20(2) of the Act.