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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Kumari Ranjana, wife of S. N. Choudhery – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The writ petitioner who suffered dismissal of W.P.(C) No. 3569 of 2012 has preferred the present Letters Patent Appeal under Clause 10 of the Letters Patent.
2. Before the writ Court, the order dated 16th May 2011 passed by the Jharkhand State Information Commission in Appeal Case No. 1462 of 2010 was put to challenge.
3. The writ Court has dismissed W.P.(C) No. 3569 of 2012 after the following consideration:
Under the aforesaid circumstances, in absence of any documentary evidence brought on record by the petitioner, this Court is not inclined to
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....
The central legal point established in the judgment is that the concerned officer must be provided with a reasonable opportunity of being heard before any penalty is imposed upon them under Section 2....
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....
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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