BISHWAMBHAR CHOUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order dtd. 27/7/2012 passed in Appeal No. 1487 of 2011 by the State Information Commission is under challenge wherein penalty of Rs.20,000.00 has been imposed in exercise of power conferred under Sec. 20(1) of the Right to Information Act, 2005 (hereinafter referred to as the Act, 2005) to be realized from the salary of the petitioner in four equal installments @ Rs.5,000.00 per month.

(2.) It is the case of the petitioner that while posted as Executive Engineer was also assigned with the duty to function as the Public Information Officer under the Right to Information Act, 2005.

(3.) Mr. K. K. Ojha, learned counsel for the petitioner has tried to impress upon the Court by referring to a document appended at page-20 of Annexure-1 series which is a letter bearing No. 278 dtd. 27/4/2011 and has submitted that the Commission has not appreciated the fact in right perspective since the information sought for by the respondent no.3 vide application dtd. 26/4/2011 has been furnished on the following day, i.e., on 27/4/2011.