JUDGMENT :

The present writ petition has been filed for quashing and setting the order dated 01.11.2018 as contained in memo No. 15933 dated 13.12.2018 (Annexure-17 to the writ petition) passed by the Jharkhand State Information Commission in Appeal Case No. 913 of 2017, whereby in exercise of the power conferred under section 20(1) of the Right to Information Act, 2005 (hereinafter referred to as “the Act, 2005”), a penalty of Rs.25,000/- has been imposed upon the petitioner with a further direction to recover the said penalty from the salary of the petitioner from the month of January, 2019 in five equal monthly installments.

2. Learned counsel for the petitioner submits that while the petitioner was posted as District Superintendent of Education, Ranchi, the respondent no. 4 filed an application under the Right to Information Act, 2005 (hereinafter referred to as “the Act, 2005”) on 21.12.2016 seeking nine (09) points information which was immediately forwarded to the Block Education Extension Officer, Bundu vide memo No. 1191 dated 24.12.2016 since the information sought was related to his office.

3. It is further submitted that when the information was not provided to the respondent no. 4, he preferred first appeal on 09.01.2017. Thereafter, the petitioner once again vide letter no. 328 dated 15.03.2017 sent reminder to the Block Education Extension Officer, Bundu to provide required information to the respondent no. 4, however, the same was not provided to him by the Block Education Extension Officer, Bundu. The respondent no. 4 thereafter preferred second appeal before the Jharkhand State Information Commission which was registered as Appeal No. 913 of 2017 and a notice was issued to the petitioner to appear before it on 20.12.2017 at 10:30 a.m. along with the entire records of hearing made by the first appellate authority on different dates and to submit explanation in writing. However, in the meantime, the required information on six points out of the nine points was supplied to the respondent no. 4 by the Block Education Extension Officer, Bundu vide letter no. 158 dated 11.12.2017 and the remaining three points information was supplied to the respondent no. 4 by the Additional District Programme Officer, Jharkhand Education Project, Ranchi vide letter no. 1479 dated 14.12.2017. The petitioner vide letter no. 1488 dated 14.12.2017 also informed the Jharkhand State Information Commission that the required nine points information was supplied to the respondent no. 4 vide aforesaid letters.

4. It is also submitted that the respondent no. 4 raised objection against the information provided to him and the said objection was also responded by the Block Education Extension Officer, Bundu, a copy of which was forwarded to the Jharkhand State Information Commission vide memo no. 305 dated 28.03.2018. Subsequently, vide memo No. 451 dated 10.05.2018, an attempt to meet the objection was again made, however, the respondent no. 4 continued to insist on the objections and the matter was adjourned for 25.10.2018 and 31.10.2018. Finally, the impugned order dated 01.11.2018 was passed imposing a penalty of Rs.25,000/- upon the petitioner which was directed to be deducted from his salary in five equal monthly installments starting from the month of January, 2019.

5. Learned counsel for the petitioner contends that the Commission has committed serious error in imposing penalty upon the petitioner as he had taken prompt steps so as to ensure that the respondent no. 4 gets the information in time and had accordingly forwarded the RTI application of the respondent no. 4 to the Block Education Extension Officer, Bundu keeping in view that the informations sought pertained to the said office.

6. Learned counsel for the respondent-Jharkhand State Information Commission submits that the petitioner deliberately did not provide the required information to the respondent no. 4 within the timeframe provided under Section 7(1) of the Act, 2005 and as s