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 is stated to have been filed on 19.09.2018, whereafter the same was forwarded by the Public Information Officer, Patna Municipal Corporation, Patna to the Executive Officer-cum-Public Information Officer, Water Supply Circle, Patna Municipal Corporation, Patna, vide letter dated 26.09.2018, i.e. to the petitioner herein, whereupon the petitioner had directed the Computer Operators, Water Supply Circle to collect the information sought for by the aforesaid applicant so that the same could be furnished within the prescribed time frame, however, the petitioner had stood transferred, during the interregnum period, i.e. on 12.12.2018.

3. The aforesaid applicant, namely, Krishna Kumar Singh had then filed a first appeal before the Municipal Commissioner, Patna Municipal Corporation, Patna, complaining therein regarding non-furnishing of the requisite information, and then he had filed a second appeal before the State Information Commission, Bihar, Patna on 27.11.2018, which was registered as Case No. A1324/2019.

4. The learned counsel for the petitioner has submitted that apparently, the information sought by the aforesaid applicant, namely, Krishna Kumar Singh was made available to him, nonetheless the fact remains that the order regarding the appointment of 28 pump operators on contract basis was passed by the Municipal Commissioner, Patna Municipal Corporation only on 21.12.2018, i.e. much after the petitioner had stood transferred from the post of the Executive Officer-cum-Public Information Officer, Water Supply Circle, Patna Municipal Corporation, Patna.

5. The learned counsel for the petitioner has further submitted that since the information sought for by the aforesaid applicant was not in existence, inasmuch as the order regarding the appointment of pump operators came to be passed only on 21.12.2018, it was not within the dominion of the petitioner to have supplied the information sought for by the applicant and moreover, he had stood transferred on 12.12.2018, only whereafter the order appointing pump operators on contract basis came to be passed on 21.12.2018, thus, the petitioner cannot be faulted with, hence, the impugned order dated 19.03.2021 is illegal, perverse and fit to be set aside.

6. The Ld. counsel for the petitioner has referred to various provisions of the Act, 2005, more particularly Sections 6, 7 and 20 of the Act, 2005, which are reproduced herein below: –

"6. Request for obtaining information. – (1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to –

(a) the Central Public Information Officer or State Public Infor