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RAJESH SHANKAR
Shashi Bhushan Mehra – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. The present writ petition has been filed for quashing order dated 09.05.2011 passed by the Jharkhand State Information Commission in Appeal Case No. 77/2011 issued vide memo no. 5495 dated 10.05.2011 under the signature of the Under Secretary of the Commission, whereby penalty of Rs.25,000/- has been imposed upon the petitioner to be recovered from his salary in five equal monthly installments. The responsibility of compliance of the said order has been fixed upon the Principal Secretary, Department of Welfare, Government of Jharkhand, the Deputy Commissioner, Giridih as well as the District Treasury Officer, Giridih.
2. No one appears on behalf of the respondent no. 3, despite service of notice upon him.
3. Heard learned counsel for the petitioner, learned counsel for the respondent no. 1 as well as the respondent no. 2 and perused the materials available on record.
4. The respondent no. 3 made an application in the office of the District Welfare Officer, Giridih-cum-Public Information Officer on 28.09.2010 seeking 11-point information. The petitioner was the District Welfare Officer-cum-Public Information Officer of the said office during the relevant period.
5. Accordi
A Public Information Officer should not be penalized for not supplying information within time if they were not in charge of the post when the information was sought and had no knowledge about the ap....
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....
Adherence to the principles of natural justice and compliance with the Right to Information Act, 2005, including the imposition of penalties and compensation, must be in accordance with the statutory....
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