STATE OF JHARKHAND Vs. INFORMATION COMMISSIONER

JUDGEMENT

(1.) The matter has been heard through video conferencing. There is no complaint about audio and visual quality.

(2.) The instant writ petition is under Article 226 of the Constitution of India preferred by the State of Jharkhand, through the Principal Secretary, Health and Family Welfare, Government of Jharkhand assailing the order dtd. 13/4/2010 passed by the State Information Commissioner, Jharkhand in Appeal Case No.620 of 2009 whereby and where under, in exercise of power conferred under Sec. 19(8) of the Right to Information Act, 2005, a penalty of Rs.60,000.00 has been imposed as compensation to be paid in favour of the complainant on the concerned department of the State Government for not providing the information in time.

(3.) Mr. Sanjoy Piprawal, learned counsel for the State Information Commission has submitted that there is no error in awarding the penalty upon the concerned department of the State Government in exercise of power conferred under Sec. 19(8)(b) of the Act, 2005. According to him, the reference of Public Authority has been made under Sec. 19(8)(b) of the Act, 2005 wherein the compensation is to be imposed upon the Public Authority.