NEELAM ILEEN TOPPO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing letter no. 1404 dtd. 23/7/2021 issued under the signature of the respondent no. 3 - the Joint Secretary, Department of School Education and Literacy, Government of Jharkhand, Ranchi, whereby the petitioner has been directed to submit the compliance report in terms with order passed in Appeal Case No. 1398/2013 by the Jharkhand State Information Commission as vide order dtd. 1/7/2016 passed by the Commission in the said appeal, the concerned Public Information Officer was directed to make payment of Rs.30,000.00 under Sec. 19(8)(b) of the Right to Information Act, 2005 (hereinafter referred to as "the Act, 2005") to the appellant (the respondent no. 5 herein).

(2.) The main contention of learned counsel for the petitioner is that on 1/7/2016 i.e., the day on which the Commission had passed the order directing the concerned Public Information Officer to pay compensation of Rs.30,000.00 to the respondent no. 5, she was neither posted as District Superintendent of Education, West Singhbhum, Chaibasa nor was the Public Information Officer of the said office. In support of the said submission, learned counsel for the petitioner refers to the copy of charge report (Annexure-6 to the writ petition) suggesting that the petitioner had taken over the charge of District Superintendent of Education, West Singhbhum, Chaibasa on 9/7/2016.

(3.) No counter affidavit has been filed on behalf of the respondent nos. 1 to 3 denying and disputing the factual averment made by the petitioner in the writ petition that she had joined the post of District Superintendent of Education, West Singhbhum, Chaibasa on 9/7/2016.