DEVENDRA NARAYAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 6/12/2013 passed by the respondent No.4 in Appeal No. 557/2012 (Annexure-10 to the writ petition) whereby the petitioner as a Public Information Officer despite having supplied the information to the complainant-appellant (the respondent No.5), the respondent No.4 treated his show cause reply as unsatisfactory and imposed penalty of Rs.10,000.00 against him under Sec. 20(1) of the Right to Information Act, 2005 [hereinafter referred to as 'the Act, 2005'] with a direction to the respondent No.3 as well as the District Treasury Officer, Garhwa to realise the said amount and to deposit the same in the government exchequer.

(2.) The main submission of learned counsel for the petitioner is that the application made by the respondent No.5 under the Act, 2005 was received in the office of the District Social Welfare Officer, Gahrwa on 20/9/2011. The petitioner was not the Public Information Officer during the said period, rather he joined as the District Social Welfare Officer, Garhwa on 4/7/2013. He thereafter supplied the information to the respondent No.5 after obtaining the same from the office of the Child Development Project Officer, Gahrwa on 3/8/2013 i.e. within 30 days from the date of his joining as the District Social Welfare Officer, Garhwa-cum- Public Information Officer. The said fact was duly explained by him in his reply to the show cause submitted before the Jharkhand State Information Commission vide letter No. 567 dtd. 31/10/2013 (Annexure-9 to the writ petition). In view of the said situation, the impugned order dtd. 6/12/2013 passed by the respondent No.4 being factually incorrect is liable to be set aside.

(3.) No one appears on behalf of the respondent No.5 despite valid service of notice upon him.