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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, J
Ganesh Kumar, Son Of Late Shiv Mahato – Appellant
Versus
The State Of Jharkhand – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. This writ petition filed under Article 226 of the Constitution of India is directed against the order dated 26.08.2013 passed by the State Information Commission, whereby and whereunder, the penalty under Section 20(1)(2) of the Right to Information Act, 2005 (hereinafter referred to as the ‘Act, 2005’) as imposed upon the petitioner, has been questioned.
2. The brief facts of the case, as per the pleading made in the writ petition, are required to be enumerated, which read as under:-
(i) It is the case of the petitioner that he was posted as Addl. Deputy Commissioner, since 23.02.2012 in the office of Deputy Commissioner, East Singhbhum, Jamshedpur. The petitioner has been designated as Public Information Officer in terms of letter no.3047 dated 06.09.2005 issued by the Department of Personnel, Administrative Reform and Official Language, Govt. of Jharkhand for the purpose of providing information to the persons seeking information.
(ii) The respondent no.4, vide his application dated 10.11.2010 addressed to the respondent no.3 expressed his grievance related to mutation appeal no.04 of 2005-06 dated 10.12.2007 pending before the Land Reforms Depu
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.
The main legal point established in the judgment is the statutory duty under the Right to Information Act, 2005 to provide information to the Information Seeker, the liability of the custodian of the....
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.
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....
(1) There is clear distinction in between “Public Authority” within meaning of Section 2(h) and “Public Information Officer” within meaning of Section 2(m) of Right to Information Act, 2005.(2) Award....
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