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IN THE HIGH COURT OF PUNJAB AND HARYANA
M.M.S. Bedi, J.
Yudhister – Appellant
Vs.
State Information Commission, Haryana – Respondent
CWP No. 16382 of 2016
Decided On : 17-01-2017
Public Information Officer - Disciplinary Proceedings - The court set aside the order imposing penalty and initiating disciplinary proceedings against the petitioner for not appearing before the State Information Commissioner, considering the circumstances and finding the petitioner's plea plausible.
Fact of the Case:
The petitioner, a Public Information Officer, questioned the legality of the order imposing penalty and initiating disciplinary proceedings against him for not appearing before the State Information Commissioner.
Finding of the Court:
The court found the petitioner's plea for non-appearance due to Jat agitation plausible and set aside the order for initiating disciplinary proceedings.
Issues: Legality and propriety of the order imposing penalty and initiating disciplinary proceedings against the petitioner.
Ratio Decidendi: The court considered the circumstances and found the petitioner's plea for non-appearance before the State Information Commissioner plausible, setting aside the order for initiating disciplinary proceedings.
Final Decision: The court set aside the order for initiating disciplinary proceedings against the petitioner.
M.M.S. Bedi, J.
The petitioner exercises the powers of Public Information Officer. He has questioned the legality and propriety of order dated February 17, 2016 (Annexure P-10), by virtue of which penalty of Rs. 25,000/- has been imposed upon him and disciplinary proceedings have been ordered to be initiated against him for having not, putting in appearance before the State Information Commissioner.
2. It has been explained on behalf of the petitioner that on account of Jat agitation in the State, he was not able to appear before the above said Authority.
3. It is informed that the sum of Rs. 25,000/- has already been recovered from the petitioner.
4. I have considered the facts and circumstances of the case. The plea put forth by the petitioner for non appearance before the State Information Commissioner appears to be fairly plausible. It is settled principle of law that a hammer is not to be used to swat a fly. The petitioner appears to have not committed an act warranting disciplinary proceedings.
5. In the aforesaid circumstances, impugned order, Annexure P-10, so far as the direction for launching of disciplinary proceedings is concerned, is set aside.
The petition is disposed of accordingly.
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