BINA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 18/2/2019 (Annexure-9 to the writ petition) passed by the Information Commissioner, Jharkhand State Information Commission, Ranchi (hereinafter to be referred as 'the Commission') in Appeal Case no.2080 of 2015, whereby the District Programme Officer-cum-Public Information Officer, Bokaro- respondent no.4 has been imposed penalty of Rs.25,000.00 under Sec. 20(1) of the Right to Information Act, 2005 (hereinafter to be referred as 'the Act, 2005') and recommendation has been made for initiation of departmental proceeding against the said officer under Sec. 20(2) of the said Act with a further direction to the District Programme Officer, Bokaro, who was posted on 14/11/2017, to get Rs.5,000.00 deducted from his/her salary in five equal instalments and to deposit the same in the district treasury as well as to send its proof to the Commission.

(2.) The relevant facts emanating from the writ petition is that the petitioner was posted as District Superintendent of Education-cum- District Programme Officer, Bokaro-cum-Public Information Officer for the period from 6/7/2015 to 14/9/2018. Thereafter, she was transferred to the post of District Superintendent of Education, Deoghar on 15/9/2018 and she joined the said post on 18/9/2018.

(3.) The respondent no.6 filed an application under the Act, 2005 on 28/8/2014 addressing the District Education Officer-cum-Public Information Officer, Bokaro, seeking third party information, which, according to the petitioner, was sent to the respondent no.6 by her predecessor i.e. the respondent no.4 vide letter no.34/R.T.I./07/14- 15/181 dtd. 14/2/2015 through registered post with A/D. Despite providing the said information, the respondent no.6 again filed similar application on 9/4/2015 before the respondent no.4, which, according to the petitioner, was also sent to him vide letter no.34/R.T.I./07/14-15/840 dtd. 6/7/2015. The required information was once again provided to the respondent no.6 by the respondent no.4 vide letter dtd. 6/11/2015 in pursuance of his application dtd. 2/9/2015 and information to that effect was also sent to the Commission vide letter dated 26 th April, 2017, stating that in compliance of memo no.26875 dated 28 th November, 2016 information was already provided to the respondent no.6.