LAWS(JHAR)-2020-2-80

ANIL KUMAR YADAV Vs. STATE OF JHARKHAND

Decided On February 19, 2020
ANIL KUMAR YADAV Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard Mr. Sidhartha Roy, learned counsel appearing for the petitioner, Ms. Shweta Singh, learned A.C. to S.C. (L &C) II for the State, Mr. Navnit Prakash, learned counsel for Respondent No.4 and Mr. Sanjay Piprawall, learned counsel for the State Information Commission.

(2.) This writ petition has been preferred for quashing Order dated 23.4.2015 whereby a fine of Rs. 25,000/- as penalty has been imposed upon the petitioner under section 20(1) of the Right to Information Act, 2005.

(3.) The sum and substance of the submissions of learned counsel for the petitioner is that the petitioner has not been served with the Notice in terms of Section 20(1) of the Right to Information Act, 2005, which is a condition precedent for passing any such order of penalty. He further submits that the impugned order dated 23.4.2015 is also silent on the point as to whether the requirement of giving opportunity of being heard to the petitioner under Section 20 (1) of the Right to Information Act, 2005 has been fulfilled or not.