The petitioner is Chairman of Bihar Public Service Commission. He has challenged the order dated 02.03.2009 contained in Memo no. 17074 dated 06.03.2009 of State Information Commission appointing him as Public Information Officer of the Bihar Public Service Commission.

2. The respondent no.3 was one of the applicants for the 26th Bihar Judicial Service Examination, 2005 conducted in the year, 2006. The result was announced on 29.06.2007. He filed an application before the Chairman, Bihar Public Service Commission (hereinafter referred to as ‘the B.P.S.C.’) on 17.08.2007 requesting verification of marks of two of the papers with further reminder on 10.09.2007. Thereafter he sought information under Right to Information Act, 2005 (hereinafter referred to as ‘the Act, 2005’) from Public Information Officer, Bihar Public Service Commission by filing application on 29.11.2007 and seeking information regarding the action taken on the said application. He had also filed an application on 08.04.2007 for making available of the photo copy of the answer books. It appears that information regarding verification of marks was furnished but photo copies of the answer-sheets was not provided initially claiming exemption under Section 8 of the Right to Information Act. The State Information Commission by order dated 22.07.2008 directed the B.P.S.C. to provide copies of answer-sheets till 08.09.2008. The State Information Commission in its order dated 11.09.2008 imposed a fine of Rs.13,000/- with effect from 22.07.2008 and in case the violation continued, the mandatory fine of Rs.250/- per day was to continue.

3. Both the orders dated 22.07.2008 and 11.09.2008 were challenged in I.A. No.7111 of 2009. A Bench of this Court vide order dated 11.12.2008 noting that the ingredients provided under Section 20 of the Act were not duly complied with, quashed the impugned orders.

4. So far as giving a copy of answer-sheets were concerned, the learned Advocate General appearing for B.P.S.C. submitted before the Court that the B.P.S.C. is willing to supply the copy of two papers as sought by respondent no.3. This Court while disposing of the I.A. No. 7111 of 2008 directed the Commission to supply the certified copy of the answer-sheets.

5. The Bihar Public Service Commission filed a review application bearing Civil Review No.13 of 2009 stating that it had not instructed its Senior counsel that the B.P.S.C. was willing to supply the photo copy of answer sheets. In the meantime, the Bihar Public Service Commission vide its’ order dated 02.03.2009 declared the Chairman of Bihar Public Service Commission as Public Information Officer in the case and directed to ensure full information on respondent no.3 on or before 01.06.2009 otherwise a fine of Rs.250/- per day was imposed. The order dated 02.03.2009 has been impugned in this writ application.

6. On 14.05.2009, this Court stayed the operation of impugned order dated 02.03.2009.

7. The petitioner submits that Bihar Public Service Commission vide Memo no. 1155 dated 20.09.2006 has appointed the Secretary, Bihar Public Service Commission and Officer on Special Duty as Appellate Authority and Public Information Officer under Section 19 and 5 of the Act respectively.

8. It is relevant to state that the Hon’ble Apex Court in SLP (C) No.11670 of 2009 observed that the commission would be obliged to furnish the copy of the answer-sheets to the candidates, if a request is made to the aforesaid effect.

9. The Bihar Public Service Commission subsequently provided answer sheets to respondent no.3, and this took care of his grievance.

10. The core issue is whether the State Information Commission can appoint a Public Information Officer or whether it would be the authority concerned which would be entitled to appoint its own Public Information Officers.

11. To answer the issue, the relevant provisions are to be noticed. Section 2 (h) of the Right to Information Act defines ‘Public Authority’, as follows;–

2(h) “public authori