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MOHIT KUMAR SHAH
Alok Kumar – Appellant
Versus
State Chief Information Commissioner, Bihar at Patna – Respondent
Mohit Kumar Shah, J. – The present petition has been filed for setting aside the order dated 19.03.2021 passed by the State Chief Information Commissioner, Bihar i.e. the respondent no.1, whereby and whereunder a cost of Rs. 25000/- has been imposed upon the petitioner for not providing information within the time frame prescribed by the Right to Information Act, 2005 (hereinafter referred to as ‘the Act, 2005’) i.e. 30 days.
2. The brief facts of the case are that the petitioner was posted at the relevant time as the Deputy Municipal Commissioner, Patna Municipal Corporation, Patna and was also given additional charge of the post of the Executive Officer-cum-Public Information Officer, Water Supply Circle, Patna Municipal Corporation, Patna for the period 25.07.2018 to 12.12.2018. While the petitioner was in additional charge of the post of Executive Officer-cum-Public Information Officer, Water Supply Circle, Patna, one Krishna Kumar Singh had sought information under the Act, 2005 from the Public Information Officer, Patna Municipal Corporation as to how many pump operators have been appointed by the Nalanda Tubewell Boring Works for running the water pumps. The said application
The court established that the provisions of Section 20 of the Act, 2005 should be strictly construed, and the Commissioner must ensure that the conduct of the Information Officer was not bona fide b....
The main legal point established in the judgment is the mandatory adherence to the principles of natural justice and the requirement for a reasonable opportunity of being heard before imposing a pena....
Public Information Officer is not liable for delays not caused during their tenure; penalties require evidence of wrongdoing and loss to justify compensation under the Right to Information Act.
Public Information Officers can only be penalized under RTI for failures occurring during their tenure when a request was made, not retroactively for former officers' actions.
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