IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9718 of 2021

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Dharamdeo Choudhary Son of Saryug Chaudhary Resident of Devi Sarai

Police Station- Deep Nagar, District- Nalanda at present Posted as Assistant

Settlement Officer, Settlement Office, Purnea, District- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary, Department of Revenue and

Land Reforms, Government of Bihar, Patna.

2.

The State Chief Information Officer State Information Commission,

Information Building 4th Floor Bailey Road, Patna.

3.

The Secretary Bihar Rajya Suchna Ayog, Suchna Bhawan, 4th Floor, Bailey

Road, Patna- 800015.

4.

The District Magistrate Samastipur.

5.

First Appellate Authority cum Sub Divisional Officer Simri Bakhtiyarpur,

Saharsa.

6.

Lok Suchna Padadhikari cum Anchala Adhikari Simri Bakhtiyarpur,

Saharsa.

7.

Anil Kumar Gupta, I.P.S. Son of Not Known Resident of Block Chowk

Simri Bakhtiyarpur, Police Station- Bakhtiyarpur, District- Saharsa.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Manoj Kumar Jha, Advocate

For the State

:

Mr. Lalit Kishore,Sr. Advocate

Ms. Binita Singh, Advocate

Ms. Kumari Amrita, GP-3

Mr. M.K. Upadhyay, AC to GP-3

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

4

02-02-2023

Heard the parties.

2. The petitioner is aggrieved by order dated

20.10.2020 passed by State Information Commission in which

he has made liable to pay Rs. 12,500/- penalty for not providing

requisite information sought under Right to Information Act by

respondent no. 7-Anil Kumar Gupta.

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3. Learned counsel appearing on behalf of the

petitioner submitted that an information was sought on

17.04.2017 in requisite form K by respondent no. 7-Anil Kumar

Gupta. During the said period Mr. Dharamendra Pandit was the

Circle Officer posted at Simri Bakhtiyarpur. The petitioner-Mr.

Dharamdeo Choudhary had joined Circle Office, Simri

Bakhtiyarpur on 19.07.2018. It is submitted that he was not

informed by his office about the pending informations sought

under the Right to Information Act, however, pursuant to the

notice issued by the Commission dated 12.03.2019, he give the

requisite information to the person who had sought. Learned

counsel further submitted that the period during which petitioner

was in the Circle Office whole nation was affected by COVID-

19 pandemic.

4. Learned counsel appearing on behalf of the State

Information Commission submitted that world knows that

COVID-19 pandemic effect over country sometime in October

2019 and the period during which the petitioner was posted in

the Circle Office, Simri Bakhtiyarpur was before the COVID-19

pandemic. It was statutory duty of the petitioner to provide the

requisite information which was not provided by his

predecessor. It is admitted that the information was provided

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after a period of eight months from the date of his joining on the

post of Circle Officer but the information was given only after

service of notice to the petitioner on 12.03.2019 to the aggrieved

party. From the period 19.07.2018 to 12.03.2019, the petitioner

deliberately did not provide information as per the statutory

provision. The period cannot be accounted for COVID-19

pandemic.

5. Having heard the rival submission of the parties

and materials on record, it appears that the petitioner had joined

on 19.07.2018 and a notice dated 12.02.2019 was issued by the

commission to him. He had not provided any information which

was sought by the party before the date of notice. A show cause

filed by the petitioner on 26.04.2019 and the same was not

found satisfactory, therefore, a penalty of Rs. 12,50