RAJESH SHANKAR
Kamala Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Counsel for the petitioner submits that the date of impugned order has inadvertently been mentioned as “29.07.2016” instead of “25.07.2016” in different parts of the writ petition and thus he may be permitted to correct the same.
2. Having heard learned counsel for the parties and considering that date of the impugned order has inadvertently been mentioned as “29.07.2016” instead of “25.07.2016” in different parts of the writ petition, counsel for the petitioner is permitted to make suitable correction in relevant part of the writ petition in course of the day.
3. The present writ petition has been filed for quashing order dated 25.07.2016 (Annexure-5 to the writ petition) passed by the Information Commissioner, Jharkhand State Information Commission (the respondent no. 3) in Appeal Case No. 3140 of 2015, copy of which has been communicated to the petitioner as well as the respondent no. 2 vide memo no. 17117 dated 29.07.2016, whereby the Public Information Officer-cum-District Programme Officer, Giridih has been imposed penalty of Rs.25,000/- under Section 20(1) of the Right to Information Act, 2005 (in short, “the Act, 2005”) and he has been directed to get the said penal
The main legal point established is that under the Right to Information Act, 2005, a Public Information Officer is not liable for delay in providing information if it is supplied within the required ....
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....
Imposing a penalty under RTI Act, 2005 requires the Public Information Officer to be given a chance to be heard, and liability under Section 20 cannot apply retroactively to an officer who was not in....
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.
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.
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