PUBLIC INFORMATION OFFICER, RANCHI UNIVERSITY Vs. THE INFORMATION COMMISSIONER, JHARKHAND STATE INFORMATION COMMISSION AND ORS.

JUDGEMENT

(1.) Aggrieved by order dated 15.05.2008 in Appeal Case No. 514/2007, the Public Information Officer, Ranchi University, has approached this Court.

(2.) The respondent No.2 submitted an application on 04.12.2006 seeking certain informations. The petitioner asserts that informations were supplied on 11.04.2007 through Registered Post bearing No. RL 4207 dated 13.04.2007. However, respondent no.2 preferred an appeal vide Appeal Case No. 514/2007 on 26.03.2007. In the said proceeding, the petitioner appeared and asserted that in so far as, the copy of appointment letter dated 31.10.1973 of Shri K.N.Dubey is concerned, the same has been furnished to respondent No.2 however, in so far as, the file noting of the competent authority relating to the order contained in memo dated 31.10.1973 of the said K.N.Dueby is concerned, the same was not available in the University's record. The petitioner is aggrieved by award of penalty of Rs. 15,000/- and compensation of Rs. 2,00,000/- to respondent no.2.

(3.) The learned counsel for the petitioner submits that before recording a finding that there was intentional delay on the part of the Public Information Officer in providing information to respondent no.2 and without affording an opportunity of hearing to the petitioner on the point of award of penalty and compensation, the impugned order dated 15.05.2008 has been passed, which cannot be sustained in law. It has been submitted that without recording a finding that the plea taken by the petitioner that the original record of file noting of the competent authority regarding appointment of the said K.N.Dubey is not available in the record is false, the aforesaid order of penalty and compensation to respondent no.2 should not have been passed by the respondent-Information Commission.