JUDGMENT :

1. The matter has been heard through video conferencing. There is no complaint about audio and visual quality.

2. The instant writ petition is under Article 226 of the Constitution of India preferred by the State of Jharkhand, through the Principal Secretary, Health and Family Welfare, Government of Jharkhand assailing the order dated 13.04.2010 passed by the State Information Commissioner, Jharkhand in Appeal Case No.620 of 2009 whereby and whereunder, in exercise of power conferred under Section 19(8) of the Right to Information Act, 2005, a penalty of Rs.60,000/- has been imposed as compensation to be paid in favour of the complainant on the concerned department of the State Government for not providing the information in time.

Save and except this legal point no other factual aspect has been raised while assailing the impugned order.

The ground has been taken that under the provision of Right to Information Act, the order of penalty can only be passed upon the Public Information Officer who can only be treated to be erring official in not supplying the information in view of the request made by the complainant under Section 6 & 7 of the Right to Information Act, 2005.

3. Mr. Sanjoy Piprawal, learned counsel for the State Information Commission has submitted that there is no error in awarding the penalty upon the concerned department of the State Government in exercise of power conferred under Section 19(8)(b) of the Act, 2005. According to him, the reference of Public Authority has been made under Section 19(8)(b) of the Act, 2005 wherein the compensation is to be imposed upon the Public Authority.

According to him, the “Public Authority” has been defined which means any authority or body or institution of self-government established or constituted by or under the Constitution; by any other law made by Parliament; by any other law made by State Legislature; by notification issued or order made by the appropriate Government, and includes any body owned, controlled or substantially financed, non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government. It cannot be disputed that the Health Department of the State Government is not a creation by the State of Jharkhand and since the State of Jharkhand is coming under the control of State Government in view of the definition of Public Authority, Health Department of the State will be treated to be a Public Authority and hence, the penalty has been imposed.

4. We have considered the rival submission made on behalf of the parties as also gone across the impugned order. It would be evident from the impugned order dated 13.04.2010 that an application was filed for seeking information to the Public Information Officer. The matter went up to the second appellate stage, i.e., before the State Information Commission and since the information was furnished by the Public Information Officer is not found to be satisfactory by the State Commission, therefore, order has been passed under Section 20(1) and (2) of the Act, 2005 directing the Public Information Officer to pay the penalty to the tune of Rs.60,000/- in exercise of power conferred under Section 20(1) and (2) of the Act, 2005 as also directed the concerned department of the State of Jharkhand to compensate the complainant by resorting to the provision of Section 19(8)(b) of the Act, 2005.

5. This Court, in order to answer the legal issue as has been raised herein, deems it fit and proper to first deal with the object and scope of the Right to Information Act, 2005 which has been enacted to provide for setting up the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental