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RAJESH SHANKAR
Rajeev Kumar Singh – Appellant
Versus
Information Commissioner, State Information Commission, Jharkhand, Ranchi – Respondent
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
Public Information Officers can only be penalized under RTI for failures occurring during their tenure when a request was made, not retroactively for former officers' actions.
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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