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RAJESH SHANKAR
Arun Kumar Ekka – Appellant
Versus
State of Jharkhand – Respondent
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-Divisional Officer, Nagar Untari, Garhwa under Section 20 (1) of the Right to Information Act, 2005 (in short, “the Act, 2005) to be deducted from salary of the said officer in five equal monthly instalments w.e.f. March, 2020 also with recommendation to initiate departmental proceeding against him/her under Section 20 (2) of the said Act.
2. While assailing the
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....
The penalty imposed on a deemed Public Information Officer is improper if the designated officer is not notified or held accountable for delays in providing requested information.
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