Ignorance of the law is not an excuse for any omission and commission, and the total amount of penalty imposed should not exceed the limit specified in the Act.

JUDGMENT :

I.M. Uddusi, A.C.J.

1. Since both the writ petitions have been filed against the order dated 3.1.2008 passed by the Orissa Information Commission, Bhubaneswar in Second Appeal No. 50 of 2004, they were taken up together and are being disposed of by this common judgment.

2. By order dated 3rd January, 2008 passed in Second Appeal No. 50 of 2007, the Orissa Information Commission imposed penalty of Rs. 25,000.00 each on Ajay Kumar Setha, ex PIO and Pravakar Nayak, PIO of Mahalpada Gram Panchayat for the delay in providing information within thrity days of the receipt of request as provided in Section 7(1) of the Right to Information Act, 2005 to one Rabiundranth Nayak. By the said order, the Commission attracting the provision of Section 19(8) of the Act directed the Public Authority, i.e. Mahalpada Gram Panchayat to pay compensation of Rs. 3000.00 to the application Rabindranath Nayak within a period of 15 days from the date of the order. Being aggrieved by the aforesaid order, the ex PIO has filed W.P.(C) No. 2784 of 2008 whereas the Sarpanch, Mahalpada Gram Panchayat has filed W.P.(C) No. 3720 of 2008. No challenge to the said order has been made by the other PIO.

3. Case of the ex PIO Ajay Kumar Setha, is that while continuing as Village Agricultural Worker (V.A.W.) at Junei under O.P.3, he was appointed as the Public Information Officer (in short "P.I.O.") of Gop Block as per the provisions of Right to Information Act, 2005 (in short the Act). On 29.5.2006 while he was functioning as the PIO of Gop Block, one Rabindra Nath Nayak (opposite party No. 5) made an application u/s 6(1) of the Act before the Gram Panchayat Extension Officer, Gop Block requesting for furnishing certain information and the said application was received by the Petitioner on 6.6.2006 being forwarded by the Gram panchayat Extension Officer. By order dated 6.7.2006 passed by the Deputy Director of Agriculture, Puri Range, he was transferred to Olans Farm where he joined on 11.7.2006 and in his place one Bhaskar Mohanty, VAW Erbang was kept in charge of Junei V.A.W. Circle until further orders. Contention of the Petitioner is that since he was transferred to Olans Farm which is at a distance of 15 K.M. from Gop Block just one month after the receipt of the application by him and he was not imparted with any training about the provisions of the Act, he could not furnish the information within the time he was transferred to Olans Farm. The case of the Mahalpada Gram Panchayat, the Petitioner in W.P.(C) No. 3720 of 2008, is that opposite party No. 3 Rabindranath Nayak made the application for supply of certain information before the Gram Panchayat Extension Officer on 29.5.2006. As the said information was not supplied within the time stipulated under the Act, opposite party No. 3 preferred an appeal before the Competent Authority as provided u/s 19 of the Act. On being unsuccessful in the appeal he moved the Commission in second appeal in which the Secretary of the Gram Panchayat was directed to appear before the Commission on 6.12.2007. Pursuant to the direction of the Commission, the Secretary appeared before the Commission on 6.12.2007 when he was directed by the Commission to refund Rs. 383.00 deposited by opposite party No. 3 on 17.10.2006 as requisite fees for supply of the information. Accordingly the Secretary refunded the amount to Rs. 383.00. The Commission finally heard the matter on 3.1.2008 and without affording any further opportunity of hearing and without giving any reason has directed the Gram Panchayat to pay Rs. 3000.00 to opposite party No. 3 as compensation.

4. Counter affidavit has been filed on behalf of the Commission in both the cases. It has been stated therein that there is no illegality in the impugned order. The fine was imposed after considering the facts and circumstances of the case. Though adequate opportunity of hearing was provided to the Petitioner Ajay Kumar Setha, he failed to file any show cause to establish tha