SHIVENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing and setting the order dtd. 1/11/2018 as contained in memo No. 15933 dtd. 13/12/2018 (Annexure-17 to the writ petition) passed by the Jharkhand State Information Commission in Appeal Case No. 913 of 2017, whereby in exercise of the power conferred under Sec. 20(1) of the Right to Information Act, 2005 (hereinafter referred to as "the Act, 2005"), a penalty of Rs.25,000.00 has been imposed upon the petitioner with a further direction to recover the said penalty from the salary of the petitioner from the month of January, 2019 in five equal monthly installments.

(2.) Learned counsel for the petitioner submits that while the petitioner was posted as District Superintendent of Education, Ranchi, the respondent no. 4 filed an application under the Right to Information Act, 2005 (hereinafter referred to as "the Act, 2005") on 21/12/2016 seeking nine (09) points information which was immediately forwarded to the Block Education Extension Officer, Bundu vide memo No. 1191 dtd. 24/12/2016 since the information sought was related to his office.

(3.) It is further submitted that when the information was not provided to the respondent no. 4, he preferred first appeal on 9/1/2017. Thereafter, the petitioner once again vide letter no. 328 dtd. 15/3/2017 sent reminder to the Block Education Extension Officer, Bundu to provide required information to the respondent no. 4, however, the same was not provided to him by the Block Education Extension Officer, Bundu. The respondent no. 4 thereafter preferred second appeal before the Jharkhand State Information Commission which was registered as Appeal No. 913 of 2017 and a notice was issued to the petitioner to appear before it on 20/12/2017 at 10:30 a.m. along with the entire records of hearing made by the first appellate authority on different dates and to submit explanation in writing. However, in the meantime, the required information on six points out of the nine points was supplied to the respondent no. 4 by the Block Education Extension Officer, Bundu vide letter no. 158 dtd. 11/12/2017 and the remaining three points information was supplied to the respondent no. 4 by the Additional District Programme Officer, Jharkhand Education Project, Ranchi vide letter no. 1479 dtd. 14/12/2017. The petitioner vide letter no. 1488 dtd. 14/12/2017 also informed the Jharkhand State Information Commission that the required nine points information was supplied to the respondent no. 4 vide aforesaid letters.