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VIKAS BAHL
Savita Sheoran – Appellant
Versus
State Information Commission, Haryana – Respondent
JUDGMENT
Mr. Vikas Bahl, J.(Oral)
This is a civil writ petition filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned order dated 30.05.2019 (Annexure P-1).
2. Learned counsel for the petitioner has submitted that in the present case, respondent No.3 had sought the information with respect to the complaint (Annexure P-3) filed under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the Act of 2013). It is submitted that SPIO, vide letter dated 28.11.2018 (Annexure P-4) had not given the said information in view of Section 16 of the said Act of 2013. The appeal filed by respondent No.3 was dismissed, vide order dated 09.01.2019 (Annexure P-5) on the same ground. It is submitted that the State Information Commissioner, Haryana, however passed an absolutely perverse and non-speaking order. It is submitted that it was perversely observed in paragraphs 2, 3 and 6 that the SPIO as well as the First Appellate Authority had failed to supply the information and failed to decide the appeal whereas the SPIO had refused to supply the
Quasi-judicial authorities must provide clear, cogent reasons for their decisions to uphold principles of justice and ensure accountability.
The State Information Commissioner must provide a reasoned order and ensure both parties are heard in RTI appeals, adhering to principles of natural justice.
The imposition of penalty by the State Information Commissioner was held invalid due to lack of statutory authority and necessary procedural safeguards under the Right to Information Act.
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.
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 Right to Information Act emphasizes balancing transparency and confidentiality, ensuring procedural fairness in public recruitment information disclosure.
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