Shri. Babarao Ambadas Shinde v. State Information Commissioner, Bench at Amravati and Others
RIGHT TO INFORMATION ACT, 2005 – Sections 20(1), 19(8) – Penalty – Natural justice / audi alteram partem
Case brief
What is this about?
Bombay High Court (Nagpur Bench), Prafulla S. Khubalkar, J., common order dated 25.02.2026 disposing Writ Petition Nos. 5817 and 5819 of 2025, Babarao Ambadas Shinde v. State Information Commissioner, Bench at Amravati and Ors. Penalty of Rs.25,000/- under Section 20(1) r/w Section 19(8) of the RTI Act 2005 imposed by the second Appellate Authority without hearing the PIO-petitioners; held unsustainable on the audi alteram partem principle, following the Co-ordinate Bench ruling in Writ Petition No.2001/2021 (decided 27.03.2025); penalty quashed and set aside; matter remanded to the State Information Commissioner, Amravati for fresh decision after hearing; appearance fixed on 06.03.2026; petitions disposed of without costs. Key phrases: opportunity of hearing, natural justice, condemned unheard, penalty, quashed and set aside, remand.
What did the court decide?
Impugned order set aside to the extent it imposes penalty of Rs.25,000/- on the petitioners; matter remanded to respondent No.1 - State Information Commissioner, Bench at Amravati for fresh consideration; respondent No.1 to give the petitioners an opportunity of hearing before passing any orders; parties to appear before respondent No.1 on 06.03.2026; writ petitions disposed of with no order as to costs.