STATE OF BIHAR Vs. STATE INFORMATION COMMISSIONER

JUDGEMENT

(1.) Having heard learned counsel for the parties, we are of the considered view that limited to the extent of imposing compensation of Rs. 2,00, 000/- to the private respondent Smt. Sanju Kumari, the official respondents and the department have to be heard afresh and thereafter an appropriate speaking order passed keeping in view the various aspects of the matter which were canvassed before us during the course of hearing.

(2.) Accordingly, we allow this appeal in part, quash the order dated 112012, passed by the learned Writ Court, and the order dated 23.09.2008, passed by the State Information Commissioner in Case no. 4643/07-08, only to the extent of awarding compensation of Rs. 2,00, 000/-.

(3.) We direct the parties to appear before the State Information Commissioner along with a certified copy of this order on 30.04.2018 and the learned State Information Commissioner, after hearing all concerned, and taking note of the requirements of law, particularly Section 19(8) (b) of the Right to Information Act, shall pass a fresh order with regard to award of compensation. We request the Commission to pass order with regard to payment of compensation within 60 days of the appearance of the parties.