ASHOK KUMAR CHOPRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the order dated 30.09.2015 passed in Appeal Case No. 1849 of 2014 by Information Commissioner has been assailed by which the petitioner has been directed to make payment of Rs.20,000/- by way of compensation in exercise of power conferred under Section 19(8)(b) of the Right to Information Act, 2005 (hereinafter referred to as the Act, 2005) and Rs.25,000/- by way of penalty in pursuance to the power conferred under Section 20(1) of the Act, 2005.

(2.) The aforesaid order has been assailed inter alia on the following grounds:-

(3.) Mr. Sanjay Piprawall, learned counsel appearing for the Information Commission as also Mr. Prashant Pallav, learned G.A.-IV, representing the State of Jharkhand have defended the order passed by the authority by submitting that by not furnishing the documents the very object and spirit of the Act, 2005 has been over reached by inaction on the part of the petitioner since at the relevant time he was holding the charge of the Public Information Officer and therefore, the order may not be interfered with.