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2009 Supreme(Bom) 1228

A.H.JOSHI
A. A. Parulekar, Superintending Engineer II, Public Works Department – Appellant
Versus
Goa State Information Commission through Shri A. Venkataratnam, State Chief Information Commissioner – Respondent


Advocates appeared:
For the Petitioner:Party in person. For the Respondents:R2, N.N. Dessai, Learned Advocate.

Judgment :-

1. This is a writ petition by a government officer who was Public Information Officer, on assumption of the charge of Superintending Surveyor of Works.

2. Respondent No. 2 herein filed application for information on 31.8.2006.

3. Admittedly, the application for information was given in the office of Assistant Engineer, P.W.D Works Division, Sanguem, which is within the jurisdiction of the petitioner.

4. As the information was not supplied, the respondent No. 2 carried an appeal. Direction was given for supplying information.

5. The State Information Commission found that the information was still not supplied and hence issued a notice of show-cause. The show-cause-notice was replied and explanation was offered by the petitioner.

6. The defence taken by the petitioner before the respondent No. 1, is that the application for information was not forwarded to him and he was not aware of the said application, and therefore he cannot be blamed for failure to supply the information within time or towards delay.

7. The State Information Commission found the petitioner guilty and levied upon him penalty of Rs. 250/- per day for 67 days, however commuted it to Rs. 5000/- with











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