SIDO KANHU MURMU UNIVERSITY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) W.P.(C) No. 4068 of 2012 has been filed for quashing/setting aside the order dtd. 26/11/2010 (Annexure-6 to the writ petition) passed by the Information Commissioner, Jharkhand State Information Commission, Dhurwa, Ranchi in Appeal No. 488/2009, whereby compensation of Rs.70,000.00 was imposed upon the petitioner under Sec. 19(8)(b) of the Right to Information Act, 2005 (hereinafter referred to as "the Act, 2005") without taking into consideration the information furnished by the respondent no. 2 to the State Information Commission vide letter dtd. 31/10/2009 (Annexure-5 to the writ petition) and without there being any finding to the effect that the petitioner - University had acted in such manner causing loss or detriment to the respondent no. 3.

(2.) W.P.(C) No. 4078 of 2012 has been filed for quashing/setting aside the order dtd. 21/1/2011 (Annexure-9 to the writ petition) passed by the Information Commissioner, Jharkhand State Information Commission, Dhurwa, Ranchi in Appeal No. 168/2009, whereby compensation of Rs.40,000.00 was imposed upon the petitioner under Sec. 19(8)(b) of the Act, 2005 without taking into consideration the information furnished by the petitioner to the respondent no. 3 vide letter dtd. 22/6/2009 (Annexure-4 to the writ petition), reply of the respondent no. 2 dtd. 23/9/2009 submitted before the respondent no. 1 (Annexure-6 to the writ petition) and the information furnished by the respondent no. 2 to the respondent no. 1 vide letter dtd. 30/8/2010 (Annexure-8 to the writ petition).

(3.) In both the writ petitions, the petitioner has wrongly used the word fine" instead of word compensation" in paragraph-1 as well as in the prayer portion of the same, as the impugned orders dtd. 26/11/2010 and 21/1/2011 passed in respective writ petitions suggest that the petitioner has been imposed compensation of Rs.70,000.00 and Rs.40,000.00 exercising power under Sec. 19(8)(b) of the Act, 2005.