The Right to Information Act mandates accountability for public officers in providing information, and penalties can be imposed for non-compliance.

JUDGMENT :

(SUJIT NARAYAN PRASAD, J.)

1. The instant writ petition has been filed under Article 226 of the Constitution of India for the following reliefs:

“i. For quashing of the order dated 17.03.09 passed by the Central Information Commission in Case No. CIC/AT/C/2007/00390 whereby the Review Petition filed by the Petitioner for review of the order by which a penalty of Rs.25,000/- was imposed on him has been disallowed.

ii. Further for quashing the order dated 01.10.08 passed by the Central Information Commission in F.No.CIC/AT/A/2007/00390 whereby penalty of Rs.25,000/- was imposed on the Petitioner.

iii. Further for reliving the Petitioner from penalty of Rs.25,000/- imposed on the Petitioner by the Central Information Commission in the facts and circumstances of the case. …”

2. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated, read as under:

The Petitioner, at the relevant time, was working and posted as Deputy Chief Mining Engineer / Project Officer at E.J. Area, B.C.C.L., Dhanbad.

On 11.09.2006 one Brig. Sri P.K. Kaul (Rtd.) sought some information through R.T.I. from B.C.C.L. vide Application No.7630/PKK/EJ/RTI/2SDG/1. On 28.10.2006, the Asstt. Survey Officer wrote a letter contained in Ref. No. BCCL/EJA/PIO/F- IF/06/11074-76 to the Project Officer, Bhowra 3 pit OCP in reference to the above mentioned application so that information could be furnished to the applicant and during the relevant time, Sri Ajoy Kumar was posted as Project Officer, Bhowra.

On 18.11.2006, the writ Petitioner joined at Bhowra as Project Officer. When no information was furnished by the Project Officer, Ajoy Kumar, the then Project Officer, Bhowra, the Asstt. Survey Officer sent two reminders letters to the Project Officer dated 22.11.2006 & 29.11.2006 for furnishing information mentioning that if information is not furnished within time, penalty may be imposed on him. The said two letters were received by the Dak Dispatch Clerk on 04.12.2006 but the same were not placed before the Petitioner.

On 15.05.2008 the petitioner was transferred to Amlabad project and on 05.07.2008 the Petitioner received a show cause notice dated 26.06.2008 in reference to letters dated 28.10.2006, 22.11.2006 and 29.11.2006 for not furnishing required information even after repeated reminders and in the said show cause 05.08.2008 was fixed as date of hearing which was later on postponed on 09.09.2008. The aforesaid show cause notice was also issued to Sri Ajoy Kumar since when the information was sought, he was In-charge of Project Officer, Bhowra.

The petitioner, before submitting the reply of the show cause, wrote a letter contained in Ref. No. BCCL:AMBD:08:2151 dated 07.07.2008 to the Personnel Manager, Bhowra 3 pit OCP requesting to communicate to Petitioner whether the abovementioned reminder letters were received at Bhowra 3 pit OCP or not.

On 08.07.2008, the Personnel Manager, Bhowra wrote a letter to Sri Suresh Kumar Paswan (Dak Dispatch Clerk) seeking information that whether the above mentioned reminders letters which were received by him on 04.12.2006 were placed before the Project Officer or not.

On 14.07.2008 Petitioner wrote a letter contained in Ref. No. BCCL:AMBD:08:2270 to the Personnel Manager, Bhowra 3 pit OCP requesting him to furnish Xerox copy of Dak Dispatch register and Dak receipt register from the date 29.11.2006 to 15.12.2006 and vide letter dated 22.07.08 the Dak Dispatch Clerk submitted his explanation alongwith the Xerox copies of Dak Dispatched Register stating therein that he received the letters under RTI was received which he gave to the project officer however in his explanation no proof was given in this regard.

The petitioner replied to the show cause notice mentioning the facts that the reminder letters were never placed before him and just after receiving of the reminder letters by the Dak Dispatch Clerk he went on for rescue operation as during his posting at Bhowra he was also entrus