RAJ MAHESHWARAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 28/10/2010 (Annexure-2 to the writ petition) passed by the Information Commissioner, Jharkhand State Information Commission, Ranchi in Appeal Case No. 1443 of 2008 communicated to the petitioner vide memo no. 6903 dtd. 11/6/2011, whereby the petitioner has been held guilty of not supplying the required information to the respondent no. 3 and punishment under Sec. 20 (1) of the Right to Information Act, 2005 (in short, "the Act, 2005") has been imposed upon him directing the concerned department to recover a sum of Rs.15,000.00 from his salary or any amount due to be paid to him by the government as well as recommendation has been made to initiate departmental proceeding under Sec. 20(2) of the said Act. Further, the concerned department has been directed to pay Rs.35,000.00 as compensation to the respondent no. 3 under Sec. 19(8)(b) of the Act, 2005.

(2.) Learned counsel for the petitioner submits that the petitioner was posted as Block Development Officer, Jamtara vide notification dtd. 8/11/2008 and was given additional charge of Circe Officer, Jamtara for the period from 19/11/2008 to 21/1/2009, from 25/8/2009 to 16/9/2009, from 12/1/2010 to 1/5/2011 and from 8/1/2013 to 27/1/2013. As per office order as contained in memo no. 1876 dtd. 14/12/2007 issued by the Deputy Commissioner, Jamtara, the Head Assistant of the SubDivisional Office, Jamtara and Sub-Divisional Officer, Jamtara were made Public Information Officer and the appellate authority respectively of the said office whereas the Circle Inspector and the Circle Officer were made the Public Information Officer and appellate authority respectively of the Circle Office, Jamtara. Subsequently, vide order as contained in memo no. 14 dtd. 28/5/2010, the Sub-Divisional Officer and the Executive Magistrate were made Public Information Officer and Assistant Public Information Officer respectively of the Sub-Divisional Office, Jamtara whereas the concerned Circle Officer and Circle Inspector were made Public Information Officer and Assistant Public Information Officer respectively of the Circle Office, Jamatara.

(3.) It is further submitted that the respondent no. 3- Chintamani Mandal had sought certain information under the Act, 2005 from the Public Information Officer, Sub-Divisional Office Jamtara regarding a 'Chowkidar' of Circle Office, Jamtara namely Chetu Ray whereupon the concerned Public Information Officer of the said Office provided the information available in his office. However, the information regarding service book and photo copy of nomination roll of Chetu Ray were not provided to the respondent no. 3 due to non-availability of the said documents in the Sub-Divisional Office, Jamtara. Thereafter, the respondent no. 3 filed appeal being Appeal Case No. 1443 of 2008 directly to the Jharkhand State Information Commission (hereinafter to be referred as, "the Commission") whereupon notice was issued to the Public Information Officer of the Sub-Divisional Office, Jamtara who appeared before the Commission on 26/12/2008 and thereafter he appeared till January 2010. However, he could not appear before the Commission on certain dates due to unavoidable circumstances.