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RAJESH SHANKAR
Arun Kumar Ekka – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. writ petition filed regarding penalty under rti act. (Para 1 , 9 , 10) |
| 2. petitioner's argument against imposed penalty. (Para 2 , 3 , 4) |
| 3. responses supporting penalty decision. (Para 5 , 6 , 7) |
| 4. court analysis of information officer's responsibility. (Para 8 , 11 , 12) |
| 5. court quashes prior orders, remands to commission. (Para 13 , 14) |
ORDER :
HON'BLE MR. JUSTICE RAJESH SHANKAR
The present writ petition has been filed for quashing the order dated 05.05.2020 (Anneuxre-20 to the writ petition) passed by the Jharkhand State Information Commission, Ranchi (hereinafter to be referred as “the Commission”) in Appeal Case No. 1257 of 2013 whereby the learned Commission while modifying the earlier order dated 03.03.2020 passed in the said appeal, has directed that the said order would be effective on the officer who was posted as Public Information Officer-cum-Sub-Divisional Officer, Nagar Untari, Garhwa on 09.04.2014. Further prayer has been made for quashing the order dated 03.03.2020 (Anneuxre-18 to the writ petition) passed by the Commission in Appeal Case No. 1257 of 2013 whereby penalty of Rs.25,000/- has been imposed upon the Public Information Officer-cum-Sub-Divis
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.
Public Information Officer is not liable for delays not caused during their tenure; penalties require evidence of wrongdoing and loss to justify compensation under the Right to Information Act.
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....
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.
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....
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