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RAJESH SHANKAR
Punam Kachap – Appellant
Versus
State of Jharkhand, through the Secretary, Drinking Water and Sanitation Department – Respondent
JUDGMENT :
1. Keeping in view the order dated 08.11.2019, let the Jharkhand State Information Commission, through its Secretary be impleaded as the respondent No.4 in the present writ petition.
2. Necessary insertion in the cause title of the present writ petition be made by the office.
3. Since Mr. Sanjay Piprawall, Advocate, has been appearing on behalf of the respondent No.4, there is no need to issue any notice to him.
4. Though Vakalatnama has been filed on behalf of the respondent No.3, no one appears on behalf of the said respondent.
5. The present writ petition has been filed for quashing the order dated 29.06.2018 passed by the Information Commissioner, Jharkhand State Information Commission [hereinafter referred to as ‘the Commission’] in Appeal Case No. 2816/2015 and communicated to the petitioner vide memo No. 9040 dated 19.07.2018 (Annexure-6 to the writ petition) whereby she has been imposed a penalty of Rs.25,000/- under Section 20(1) of the Right to Information Act, 2005 [hereinafter referred to as ‘the Act, 2005’] with further direction to get the same deposited in the concerned district treasury in five equal monthly instalments of Rs.5,000/-.
6. Learned counsel fo
The central legal point established in the judgment is that the concerned officer must be provided with a reasonable opportunity of being heard before any penalty is imposed upon them under Section 2....
Officers can only be penalized for information delays if they were in charge at the time of the request; newly appointed officers are not liable for prior delays.
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....
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....
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