JUDGMENT :

The present writ petition has been filed for quashing order dated 10.03.2016 communicated to the petitioner vide memo no. 7200 dated 28.03.2016 (Annexure-10 to the writ petition) passed by the Jharkhand State Information Commission in Appeal No. 623/2014, whereby a recommendation was made for initiation of departmental proceeding against the Public Information Officer, Nazarat Section, Office of the Deputy Commissioner, Hazaribagh exercising power under Section 20(2) of the Right to Information Act, 2005 (hereinafter referred to as “the Act, 2005”) with further direction to the Deputy Commissioner, Hazaribagh to initiate departmental proceeding against the said Public Information Officer and to submit the action taken against the said officer on the next date. Further prayer has been made for quashing order dated 09.06.2016 as contained in memo no. 14429 dated 27.06.2016 (Annexure-15 to the writ petition) passed by the Commission in the said appeal, whereby last opportunity was granted to the Deputy Commissioner, Hazaribagh to initiate departmental proceeding against the concerned Public Information Officer of Nazarat Section, Hazaribagh and to inform the said fact to the Commission with further direction to the Principal Secretary/Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi to comply the order dated 10.03.2016 passed by the Commission and to submit the action take report.

2. Learned counsel for the petitioner submits that the petitioner joined the post of Nazarat Deputy Collector, Hazaribagh on 28.02.2014 and since then, he functioned as the Public Information Officer of the said office till the impugned orders dated 10.03.2016 and 09.06.2016 were passed by the Commission.

3. It is further submitted that the respondent no. 2 had made an application dated 14.07.2012 to the Public Information Officer, Nazarat Section, Hazaribagh to provide certain information. When the information was not provided to the respondent no. 2, he preferred first appeal before the Deputy Commissioner, Hazaribagh on 10.09.2013 and thereafter filed second appeal on 13.02.2014 before the Jharkhand State Information Commission, Ranchi which was registered as Appeal No. 623/2014.

4. Learned counsel for the petitioner submits that it has already been held by this Court in the case of “Tarni Prasad Mukhia Vs. The Jharkhand State Information Commission & Ors.” [W.P.(C) No. 4377 of 2019] that a subsequent Public Information Officer who was not involved in providing information to the information seeker under Section 7(1) of the Act, 2005, cannot be held responsible for non-furnishing of information in time and thereby not liable for imposition of penalty as well as initiation of departmental proceeding under the provisions of sub-section (1) and (2) of Section 20 of the Act, 2005 respectively.

5. In the present case, the petitioner was not the Public Information Officer of Nazarat Section, Office of the Deputy Collector, Hazaribagh on 14.07.2012 when certain information under the provisions of the Act, 2005 was sought by the respondent no. 2 from the said office.

6. Learned counsel for the petitioner further submits that the Commission also failed to consider that the petitioner had already provided the required information to the respondent no. 2. In that regard, he had also sent letter no. 289 dated 28.04.2016 to the Authorized Officer of the Commission. The said letter contained three paragraphs and the fact of providing the required information to the respondent no. 2 was mentioned by the petitioner in first paragraph of the same. Moreover, in third paragraph of the said letter, the petitioner had further requested for dropping Appeal Nos. 3035/2014, 1284/2014 and 1824/2014 on the ground that similar request was made by the respondent no. 2 in those appeals as well. A copy of the said request was also annexed along with letter dated 28.04.2016. Despite the said fact, the Commission while p