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SANGEETA CHANDRA, BRIJ RAJ SINGH
Chandra Pal Verma – Appellant
Versus
State Information Commission Uttar Pradesh Lko. – Respondent
JUDGMENT :
1. We have heard the learned counsel for the petitioner at length and Shri Shikhar Anand, who appears for the Respondent no.1- State Information Commission and Shri Akhilesh Kumar Srivastava, who appears on behalf of the Respondents no.2- LDA.
2. This petition has been filed by the petitioner for the following prayers:-
(ii) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 07.02.2024 and direct the Respondent No.2 to pay the fine imposed on it to the petitioner.
(iii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem just, fit and proper under the circumstances of the case."
3. It is the case of the petitioner that he had made an application under the Right to Information Act on 03.04.2021 to the Public Information Officer of the Lucknow Development Authority (LDA) in which information was sought on Nine points. Information that was given by the LDA was incomplete. The petitioner approached the First Appellate Authority who passed an order on 03.04.2021
The State Information Commission must actively ensure compliance with information requests under the RTI Act, rather than solely imposing penalties for non-compliance.
Imposition of penalty and compensation are distinct liabilities under the Right to Information Act, and relief can only be granted based on a legally protected right capable of being judicially enfor....
Adherence to the principles of natural justice and compliance with the Right to Information Act, 2005, including the imposition of penalties and compensation, must be in accordance with the statutory....
The Information Commission must inquire into complaints regarding misleading information under the RTI Act, ensuring compliance with statutory provisions.
The central legal point established in the judgment is that the concerned officer must be provided with a reasonable opportunity of being heard before any penalty is imposed upon them under Section 2....
Imposing a penalty under RTI Act, 2005 requires the Public Information Officer to be given a chance to be heard, and liability under Section 20 cannot apply retroactively to an officer who was not in....
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