RAJEEV GUPTA Vs. J&K STATE INFORMATION COMMISSION

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Legislature of the State of Jammu and Kashmir has enacted the Jammu and Kashmir Right to Information Act, 2009 (hereinafter the Act) with the object of setting out the regime of Right to Information to the people of the State to secure access to information under the control of public authorities. Section 24 of the Act delegates power to the State Government to make rules for carrying out the provisions of the Act in general and regarding some matters in particular. In exercise of its delegated power under section 24 of the Act, the State Government initially framed rules called the Jammu and Kashmir Right to Information Rules, 2009. These Rules, however, were repealed and the State Government came out with the Jammu and Kashmir Right to Information Rules, 2010 (for short the Rules of 2010). The Rules of 2010 have also been repealed and the State Government has now framed the Jammu and Kashmir Right to Information Rules, 2012 (for short the Rules of 2012), which came into force with effect from 30.08.2012. Rule 13 of the Rules of 2012 repeals the Rules of 2010. Rule 13 reads:

(3.) Section 17 of the Act inter alia empowers the State Information Commission constituted under the Act to impose penalty on a Public Information Officer (PIO) designated under the Act for delay in providing information under the Act to an information seeker. Sub Rules (4) and (5) of the Rule 36 of the Rules of 2010 empowered the State Information Commission to review an order passed by it imposing penalty on a PIO. Sub Rules (4) and (5) read: