PRINCIPAL, GOVERNMENT POLYTECHNIC Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar, the learned counsel appearing for the petitioner and Mr. Sanjoy Piprawal, the learned counsel appearing for the respondent-State Information Commission.

(2.) The petitioner has filed this writ petition for quashing the order dated 27.10.2014 passed by the In-charge, Chief Information Commissioner in Appeal Case No.33 of 2013 which has been passed under section 19(8)(b) of the Right to Information Act directing the petitioner to pay compensation of Rs.50,000/-.

(3.) Mr. Rajesh Kumar, the learned counsel appearing for the petitioner submits that the petitioner has been declared by way of Annexure-1 as deemed Public Information Officer of Government Polytechnic, Ranchi vide order dated 24.09.2014 passed by the Information Commission, Ranchi. He further submits that for the first time it has been declared by the Information Commission as a deemed Public Information Officer and the only direction was to provide the information as to whether the information seeker respondent no.4 has appeared in the examination or not. He further submits that without considering this aspect of the matter the impugned order has been passed and that too without providing any opportunity of hearing to the petitioner and a sum of Rs.50,000/- has been imposed as penalty under section 19(8)(b) against the petitioner. He further submits that the petitioner was brought as a respondent in the second appeal on 24.09.2014. Earlier the petitioner was also party in the proceeding.