Compensation under Section 19(8)(b) of the Act, 2005 can only be imposed on the Public Authority, if the situation warrants, and not on the Public Information Officer.

ORDER :

The present writ petition has been filed for quashing letter no. 1404 dated 23.07.2021 issued under the signature of the respondent no. 3 – the Joint Secretary, Department of School Education and Literacy, Government of Jharkhand, Ranchi, whereby the petitioner has been directed to submit the compliance report in terms with order passed in Appeal Case No. 1398/2013 by the Jharkhand State Information Commission as vide order dated 01.07.2016 passed by the Commission in the said appeal, the concerned Public Information Officer was directed to make payment of Rs.30,000/- under Section 19(8)(b) of the Right to Information Act, 2005 (hereinafter referred to as “the Act, 2005”) to the appellant (the respondent no. 5 herein).

2. The main contention of learned counsel for the petitioner is that on 01.07.2016 i.e., the day on which the Commission had passed the order directing the concerned Public Information Officer to pay compensation of Rs.30,000/- to the respondent no. 5, she was neither posted as District Superintendent of Education, West Singhbhum, Chaibasa nor was the Public Information Officer of the said office. In support of the said submission, learned counsel for the petitioner refers to the copy of charge report (Annexure-6 to the writ petition) suggesting that the petitioner had taken over the charge of District Superintendent of Education, West Singhbhum, Chaibasa on 09.07.2016.

3. No counter affidavit has been filed on behalf of the respondent nos. 1 to 3 denying and disputing the factual averment made by the petitioner in the writ petition that she had joined the post of District Superintendent of Education, West Singhbhum, Chaibasa on 09.07.2016.

4. Learned counsel for the respondent no. 5 submits that since the information sought by the respondent no. 5 under the provisions of the Act, 2005 was not provided to him in time by the Public Information Officer, the Commission rightly passed the order dated 01.07.2016 directing the concerned Public Information Officer to pay compensation of Rs.30,000/- to the respondent no. 5 exercising power under Section 19(8)(b) of the Act, 2005. Since the impugned order dated 23.07.2021 issued by the State Government is consequential in nature, no interference with the same is required by this Court.

5. The petitioner has in fact made a factual assertion in the writ petition that she had joined the post of District Superintendent of Education, West Singhbhum, Chaibasa on 09.07.2016 and, therefore, she cannot be said to be the Public Information Officer of the said office on 01.07.2016 i.e., the day on which the Commission had passed the order directing the concerned Public Information Officer to pay compensation of Rs.30,000/- to the respondent no. 5 exercising power under Section 19(8)(b) of the Act, 2005. The petitioner has also annexed a copy of charge report suggesting that she had joined on the said post on 09.07.2016. Since the said factual assertion made by the petitioner is not denied or disputed by the said respondents, the same is accepted to be true.

6. Under the said situation, the petitioner not being the Public Information Officer of the concerned office on 01.07.2016 i.e., the day on which the Commission had directed the concerned Public Information Officer to pay compensation of Rs.30,000/- to the respondent no. 5 in Appeal Case No. 1398/2013 cannot be compelled to pay the same. The impugned order dated 23.07.2021 issued by the State Government to the petitioner directing her to comply the said order of the Commission i.e., to pay compensation of Rs.30,000/- to the respondent no. 5 appears to have been issued without verifying the said fact. Though the order dated 01.07.2016 passed by the Commission in Appeal Case No. 1398/2013 is not under challenge in this case, yet this Court wishes to observe that such an order passed by the Commission is itself contrary to the provision of Section 19(8)(b) of the Act, 2005.

7. It has been held by this Court in plethora of j