RAM JANAM RAM Vs. JHARKHAND STATE INFORMATION COMMISSION

JUDGEMENT

(1.) Heard Mr. Arun Kumar, learned counsel for the petitioner, Mr. Sanjay Piprawall, learned counsel for the respondent-Jharkhand State Information Commission and Mr. Sanjay Kumar Pandey No.2, learned counsel for respondent no.2-information seeker.

(2.) The petitioner has preferred this writ petition for quashing the order dated 12.02.2015 passed in Appeal No. 2210 of 2011 by the Acting Chief Information Commissioner, Jharkhand State Information Commission, Ranchi, whereby, penalty of Rs.25,000/- has been imposed upon the petitioner.

(3.) Mr. Arun Kumar, learned counsel for the petitioner submits that the petitioner is Public Information Officer of Garhwa in the Forest Department. He further submits that respondent no.2 (information seeker) has sought certain information by filing an application dated 07.07.2012. He further submits that information provided to the information seeker was communicated to the Chief Information Commissioner vide letter dated 11.01.2014, which is at Annexure-2 to this writ petition. He further submits that when the first appeal filed under Right to Information Act, 2005 was heard before the authority concerned, the petitioner could not appear as on that date Bandh was called by certain underground organization. He further submits that thereafter the information seeker filed second appeal where the petitioner appeared, but without considering the fact that information has already been provided to the information seeker, impugned order has been passed, whereby, penalty of Rs.25,000/- has been imposed upon the petitioner. He further submits that impugned order is illegal and not sustainable as information has already been provided to information seeker.