Ajay Kumar Yadav Vs State of Chhattisgarh

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1

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2025:CGHC:52257

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 4095 of 2024

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1 - Hemlal Sonvani S/o Late Malikram Sonvani Aged About 48 Years Occupation- Service, Presently Posted And Working As Secretary, Gram Panchayat- Akaltari, Tahsil- Akaltara, District- Janjgir- Champa Chhattisgarh. R/o Village- Sonadula, Tahsil- Pamgarh, District JanjgirChampa Chhattisgarh.

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--- Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur Chhattisgarh.

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector- 19, North Block, Nava Raipur Atal Nagar, Raipur District- Raipur Chhattisgarh.

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3 - Janpad Panchayat- Akaltara District- Janjgir Champa Chhattisgarh. Through Its Chief Executive Officer, Janpad Panchayat- Akaltara, District- Janjgir- Champa Chhattisgarh.

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2

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4 - Sharad Dewanagan R. T. I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh Chhattisgarh.

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--- Respondent(s)

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WPC No. 4094 of 2024

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1 - Jalvati Vaishnav W/o Late Damodar Vaishnav Aged About 56 Years Occupation- Service, Presently Posted And Working As Secretary, Gram Panchayat-Kalyanpur, Tahsil Akaltara, District- Janjgir-Champa, (C.G.), R/o Village Kotmisonar, Tahsil Akaltara, District- JanjgirChampa, Chhattisgarh.

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh.

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector-19, North Block, Nava Raipur Atal Nagar, Raipur, District- Raipur, Chhattisgarh.

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3 - Janpad Panchayat-Akaltara District- Janjgir-Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat- Akaltara, DistrictJanjgir-Champa, Chhattisgarh.

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4 - Sharad Dewangan R.T.I. Activist Shri Ram Colony, Beladula, Behind Stadium, Raigarh, Chhattisgarh.

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--- Respondent(s)

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3

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WPC No. 4096 of 2024

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1 - Yugal Kishore Shukla S/o Shri Harihar Prasad Shukla Aged About 41 Years Occupation- Service, Presently Posted And Working As Secretry, Gram Panchayat- Tilai, Tahsil Akaltara, District- JanjgirChampa, (C.G.), R/o Ward No. 57, Vasundhara Vihar, New Sarkanda, Bilaspur, Chhattisgarh.

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh.

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector-19, North Block, Nava Rapur Atal Nagar, Raipur, District- Raipur, Chhattisgarh.

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3 - Janpad Panchayat-Akaltara District- Janjgir-Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat-Akaltara, District- JanjgirChampa, Chhattisgarh.

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4 - Sharad Dewangan, R.T.I. Activist Shri Ram Colony, Beladula, Behind Stadium, Raigarh, Chhattisgarh.

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--- Respondent(s)

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WPC No. 4097 of 2024

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1 - Kamal Kumar Meravi S/o Late Ganeshram Meravi Aged About 50 Years Occupation- Service, Presently Posted And Working As Secretary, Gram Panchayat- Piparada, Tahsil- Akaltara, District- Janjgir-

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4

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Champa Chhattisgarh. R/o Village- Khatola, Tahsil- Pamgarh, DistrictJanjgir- Champa Chhattisgarh.

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur Chhattisgarh.

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector- 19, North Block, Nava Raipur, Atal Nagar, Raipur, District- Raipur Chhattisgarh.

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3 - Janpad Panchayat- Akaltara District Janjgir- Champa Chhattisgarh. Through Its Chief Executive Officer, Janpad Panchayat- Akaltara, District- Janjgir- Champa Chhattisgarh.

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4 - Sharad Dewangan R. T. I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh Chhattisgarh.

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--- Respondent(s)

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WPC No. 4098 of 2024

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1 - Ajay Kumar Yadav S/o Shri Ganesh Ram Yadav Aged About 39 Years Occupation Service, Presently Posted And Working As Secretary, Gram Panchayat - Bargava, Tahsil - Akaltara, District - Janjgir-Champa (C.G.) R/o Village - Katghari, Tahsil - Akaltara, District - Janjgir-Champa (C.G.)

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur (C.G.)

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur Atal Nagar, Raipur, District Raipur (C.G.)

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3 - Janpad Panchayat Akaltara, District - Janjgir-Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat - Akaltara, District Janjgir-Champa (C.G.)

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4 - Sharad Dewangan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh (C.G.)

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--- Respondent(s)

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WPC No. 4099 of 2024

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1 - Meena Sahu W/o Shri Ved Prakash Sahu, Aged About 33 Years Occupation- Service, Presently Posted And Working As Secretary, Gram Panchayat- Pakaria Jhulan, Tahsil- Akaltara, District- JanjgirChampa (C.G.), R/o Village- Tarod, Tahsil-Akaltara, District- JanjgirChampa (C.G.)

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.)

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2 - Chhattisgarh State Information Commission, Through Its Commissioner, Chhattisgarh State Information Commission, Sector-19, North Block, Nava Raipur Atal Nagar, Raipur, District- Raipur (C.G.)

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3 - Janpad Panchayat- Akaltara, District Janjgir-Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat- Akaltara, District- Janjgir-Champa (C.G.)

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4 - Sharad Dewangan, R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadum, Raigarh (C.G.)

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--- Respondent(s)

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WPC No. 4101 of 2024

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1 - Lochan Kumar Kashap S/o. Late Chote Lal Aged About 60 Years Occupation- Service, Presently Posted And Working As Secretary, Gram Panchayat- Kirari, Tahsil- Pamgarh, District - Janjgir-Champa (C.G.), R/o. Village - Kutra, Tahsil- Janjgir, District- Janjgir-Champa (C.G.)

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur (C.G.)

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector-19, North Block, Nava Raipur Atal Nagar, Raipur, District - Raipur (C.G.) 3 - Janpad Panchayat Akaltara, District- Janjgir-Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat- Akaltara, District- Janjgir-Champa (C.G.)

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4 - Sharad Dewangan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh (C.G.)

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--- Respondent(s)

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7

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WPC No. 4103 of 2024

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1 - Hariram Nirmalkar S/o Lalji Nirmalkar Aged About 50 Years Occupation - Service, Presently Posted And Working As Secretary, Gram Panchayat - Hardi, Tahsil - Akaltara, District - Janjgir-Champa (C.G.) R/o Village - Khond, Tahsil - Akaltara, District Janjgir-Champa (C.G.)

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur (C.G.)

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur Atal Nagar, Raipur, District - Raipur (C.G.)

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3 - Janpad Panchayat Akaltara, District - Janjgir-Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat - Akaltara, District - Janjgir-Champa (C.G.)

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4 - Sharad Dewangan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh (C.G.)

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Respondent(s)

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WPC No. 4111 of 2024

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1 - Raja Bhartei S/o Late Vedran Bhartei Aged About 35 Years Occupation Service, Presently Posted And Working As Secretary, Gram Panchayat- Bamhani, Tahsil- Akaltara, District Janjgir-Champa, Chhattisgarh, R/o Village- Ambedkar Chowk Akaltara, Tahsil Akaltara, District Janjgir-Champa, Chhattisgarh.

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8

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh

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3 - Janpad Panchayat- Akaltara District- Janjgir-Champa, Chhattisgarh, Through Its Chief Executive Officer, Janpad Panchayat Akaltara, District Janjgir-Champa, Chhattisgarh

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4 - Sharad Dewanagan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh, Chhattisgarh.

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--- Respondent(s)

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WPC No. 4112 of 2024

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1 - Puni Ram Nirmalkar S/o Shri Aaju Ram Nirmalkar Aged About 51 Years Occupation- Service, Presently Posted And Working As Secretary, Gram Panchayat- Raseda, Tahsil- Akalatara, District- JanjgirChampa Chhattisgarh. R/o Village- Khod, Tahsil Akaltara, DistrictJanjgir- Champa Chhattisgarh.

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur District- Raipur Chhattisgarh.

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur Atal Nagar, Raipur, District- Raipur Chhattisgarh.

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3 - Janpad Panchayat Akaltara District Janjgir- Champa, Chhattisgarh. Through Its Chief Executive Officer, Janpad Panchayat- Akaltara, District- Janjgir- Champa Chhattisgarh.

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4 - Sharad Dewangan R. T. I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh Chhattisgarh.

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Respondent(s)

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WPC No. 4117 of 2024

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1 - Ghanaram Kashyap S/o Late Ram Ratan Kashyap, Aged About 57 Years Occupation Service Presently Posted And Working As Secretary, Gram Panchayat- Barpali, Tahsil- Pamgarh, District- Janjgiri- Champa, R/o Village- Chorbhathi, Tahsil- Pamgarh, District- Janjgir- Champa ( C.G.).

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through- Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur ( C.G.).

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2 - Chhattisgarh State Information Commission, Through- Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block Nava Raipur Atal Nagar, Raipur, District- Raipur ( C.G.).

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3 - Janpad Panchayat- Akaltara, District- Janjgir- Champa ( C.G.) Through- Its Chief Executive Officer, Janpad Panchayat- Akaltara District- Janjgir- Champa ( C.G.).

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4 - Sharad Dewanagan, R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh District- Raigarh ( C.G.).

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--- Respondent(s)

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WPC No. 4231 of 2024

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1 - Chamar Das Manikpuri S/o Late Shri Durmat Das Manikpuri Aged About 50 Years Occupation Service, Presently Posted As Working As Secretary, Gram Panchayat Arjuni, Tah. Akaltara, Distt. Janjgir Champa, Chhattisgarh, R/o Vill. Barganva, Tah. Akaltara, Distt. Janjgir Champa, Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur Atal Nagar, Raipur, Distt. Raipur, Chhattisgarh

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3 - Janpad Panchayat Akaltara Distt. Janjgir Champa, Chhattisgarh Through Its Chief Executive Officer, Janpad Panchayat Akaltara, Distt. Janjgir Champa, Chhattisgarh

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11

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4 - Sharad Dewangan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh, Chhattisgarh

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--- Respondent(s)

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WPC No. 4248 of 2024

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1 - Manmohan Sahu S/o Late Shri Konda Ram Sahu Aged About 50 Years Occupation - Service, Presently Posted As Working As Secretary, Gram Panchayat - Parsada (Re), Tahsil - Akaltara, District - JanjgirChampa (C.G.) R/o Village - Amora, Tahsil - Akaltara, District JanjgirChampa (C.G.)

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur (C.G.)

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector-19, North Block, Nava Raipur, Atal Nagar, Raipur, District - Raipur (C.G.)

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3 - Janpad Panchayat Akaltara, District - Janjgir-Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat - Akaltara, District - Janjgir-Champa (C.G.)

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4 - Sharad Dewangan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh (C.G.)

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--- Respondent(s)

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WPC No. 4262 of 2024

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1 - Amrit Lal Rathore S/o Late Hanuman Rathore Aged About 54 Years Occupation- Service, Presently Posted And Working As Secretary,

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12

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Gram Panchayat- Rogada, Tahsil- Pamgarh, District- Janjgir- Champa (C.G.), R/o Village- Nariyara, Tahsil- Akaltara, District- Janjgir- Champa (C.G.)

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.)

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur Atal Nagar, Raipur, District- Raipur (C.G.)

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3 - Janpad Panchayat Akaltara, District- Janjgir- Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat- Akaltara, District- Janjgir- Champa (C.G.)

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4 - Sharad Dewanagan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh (C.G.)

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--- Respondent(s)

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WPC No. 4293 of 2024

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1 - Pushplata Sahu W/o Shri Gajendra Kumar Sahu Aged About 37 Years Occupation - Service, Presently Posted As Working As Secretary, Gram Panchayat - Birkoni, Tahsil - Akaltara, District - Janjgir-Champa (C.G.), R/o Village - Hardi, Tahsil - Akaltara, District - Janjgir-Champa (C.G.)

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--- Petitioner(s)

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13

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur (C.G.)

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur Atal Nagar, Raipur, District - Raipur (C.G.)

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3 - Janpad Panchayat Akaltara, District - Janjgir-Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat - Akaltara, District - Janjgir-Champa (C.G.)

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4 - Sharad Dewangan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh (C.G.)

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--- Respondent(s)

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WPC No. 4310 of 2024

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1 - Ramesh Kumar Yadav S/o Late Mahedev Yadav, Aged About 56 Years Occupation- Service, Presently Posted And Working As Secretary, Gram Panchayat- Kapan, Tahsil-Pamgarh, District-JanjgirChampa (C.G.), R/o Village-Nandeli, Tahsil- Pamgarh, District- JanjgirChampa (C.G.)

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.)

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2 - Chhattisgarh State Information Commission, Through Its Commissioner, Chhattisgarh State Information Commission, Sector-19, North Block, Nava Raipur, Atal Nagar, Raipur, District- Raipur (Cg.)

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3 - Janpad Panchayat- Akaltara, District- Janjgir-Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat- Akaltara, District- Janjgir-Champa (C.G.)

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4 - Sharad Dewangan, R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh (C.G.)

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--- Respondent(s)

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WPC No. 4620 of 2024

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1 - Ashok Kumar Patle S/o Mohitram Patle Aged About 57 Years Occupation - Service, Presently Posted And Working As Secretary, Gram Panchayat - Buchihardi, Tahsil - Baloda, District - Janjgir-Champa Chhattisgarh R/o Village - Khisora, Tahsil - Baloda, District - JanjgirChampa Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur Atal Nagar, Raipur District - Raipur Chhattisgarh

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3 - Janpad Panchayat - Akaltara District Janjgir-Champa Chhattisgarh Through Its Chief Executive Officer, Janpad Panchayat - Akaltara, District - Janjgir-Champa Chhattisgarh

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4 - Sharad Dewangan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh Chhattisgarh

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--- Respondent(s)

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WPC No. 4843 of 2024

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1 - Ramayan Yadav S/o Shri Lachi Ram Yadav Aged About 53 Years Occupation Service, Presently Posted As Working As Secretary, Gram Panchayat Amartal, Tahsil Akaltara, District Janjgir-Champa, Chhattisgarh, R/o Village- Barpali, Tahsil Akaltara, District JanjgirChampa, Chhattisgarh.

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh.

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh.

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3 - Janpad Panchayat Akaltara District Janjgir-Champa, Chhattisgarh. Through Its Chief Executive Officer, Janpad Panchayat Akaltara, District Janjgir-Champa, Chhattisgarh.

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4 - Sharad Dewangan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh, Chhattisgarh.

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--- Respondent(s)

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16

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WPC No. 4847 of 2024

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1 - Basant Kumar Sharma S/o Late Shri Dasrath Sharma Aged About 53 Years Occupation- Service, Presently Posted And Working As Secretary, Gram Panchayat- Banahil, Tahsil- Akaltara, District- JanjgirChampa, C.G., R/o Village- Farhada, Tahsil- Akaltara, District- JanjgirChampa, C.G.

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, C.G.

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur Atal Nagar, Raipur, District- Raipur, C.G.

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3 - Janpad Panchayat- Akaltara District- Janjgir-Champa, C.G. Through Its Chief Executive Officer, Janpad Panchayat- Akaltara, DistrictJanjgir-Champa, C.G.

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4 - Sharad Dewanagan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh, C.G.

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--- Respondent(s)

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WPC No. 4852 of 2024

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1 - Hemlal Singh S/o Late Dukhuram Singh Aged About 59 Years Occupation Service, Presently Posted As Working As Secretary Gram Panchayat Nariyara Tahsil Akaltara District Janjgir - Champa (C.G.0 R/o Village Sondih Tahsil - Akaltara District- Janjgir - Champa (C.G.)

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur District - Raipur (C.G.)

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2 - Chhattisgarh State Information Commissioner Through Its Commissioner Chhattisgarh State Information Commission Sector 19, North Block Nava Raipur Atal Nagar Raipur District - Raipur (C.G.)

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3 - Janpad Panchayat Akaltara District - Janjgir - Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat - Akaltara, District - Janjgir - Champa (C.G.)

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4 - Sharad Dewanagan R.T.I. Activist Shri Ram Colony, Beladula Behind Stadium Raigarh (C.G.)

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--- Respondent(s)

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WPC No. 4942 of 2024

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1 - Ajay Kumar Yadav S/o Ganesh Ram Yadav Aged About 39 Years Occupation- Service, Presently Posted And Working As Secretary, Gram Panchayat- Khatola, Tahsil Akaltara, District Janjgir-Champa, Chhattisgarh, R/o Village- Khatghari, Tahsil- Akaltara, District JanjgirChampa, Chhattisgarh.

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh.

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2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh.

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3 - Janpad Panchayat- Akaltara District Janjgir-Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat Akaltara, District JanjgirChampa, Chhattisgarh.

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4 - Sharad Dewangan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh, Chhattisgarh.

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Respondent(s)

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WPC No. 5099 of 2024

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1 - Raj Kumar Yadav S/o Radheshyam Yadav Aged About 42 Years Occupation Service, Presently Posted And Working As Secretary, Gram Panchayat - Pandariya, Tahsil - Akaltara, District - Janjgir-Champa, Chhattisgarh, R/o Village - Kotgarh, Tahsil - Akaltara, District - JanjgirChampa Chhattisgarh

¶214

--- Petitioner(s)

¶215

Versus

¶216

1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh

¶217

2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur Atal Nagar, Raipur, District - Raipur Chhattisgarh

¶218

19

¶219

3 - Janpad Panchyat Akaltara District - Janjgir-Champa Chhattisgarh Through Its Chief Executive Officer, Janpad Panchayat - Akaltara, District - Janjgir-Champa Chhattisgarh

¶220

4 - Sharad Dewangan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh Chhattisgarh

¶221

--- Respondent(s)

¶222

WPC No. 5108 of 2024

¶223

1 - Sanat Kumar Sahu S/o Shri Makhan Lal Sahu Aged About 53 Years Occupation - Service, Presently Posted And Working As Secretary, Gram Panchayat - Sonsari, Tahsil - Akaltara, District Janjgir-Champa (C.G.), R/o Village -Jhalmala, Tahsil Akaltara, District Janjgir-Champa (C.G.)

¶224

--- Petitioner(s)

¶225

Versus

¶226

1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.)

¶227

2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commissioner, Sector 19, North Block, Nava Raipur Atal Nagar, Raipur, District Raipur (C.G.)

¶228

3 - Janpad Panchayat - Akaltara District Janjgir-Champa (C.G.), Through Its Chief Executive Officer, Janpad Panchayat - Akaltara, District Janjgir-Champa (C.G.)

¶229

4 - Sharad Dewangan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh (C.G.)

¶230

--- Respondent(s)

¶231

20

¶232

WPC No. 5388 of 2024

¶233

1 - Laxmi Prasad Yadav S/o Shri Firtu Yadav Aged About 50 Years Presently Posted And Working As Secretary, Gram Panchayat- Aroma, Tahsil- Akaltara, District- Janjgir- Champa (C.G), R/o Village- Parsada Raymond, Tahsil- Akaltara,district- Janjgir - Champa (C.G.)

¶234

--- Petitioner(s)

¶235

Versus

¶236

1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya , Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.)

¶237

2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission Sector 19, North Block Nava Raipur,atal Nagar District- Raipur (C.G.)

¶238

3 - Janpad Panchayat Akaltara District- Janjgir- Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat- Akaltara, District- Janjgir- Champa (C.G.)

¶239

4 - Sharad Dewangn R.T.I. Activist, Shri Ram Colony , Beladula, Behind Stadium, Raigarh (C.G.)

¶240

--- Respondent(s)

¶241

WPC No. 5395 of 2024

¶242

1 - Jagdish Prasad Bhardwaj S/o Shri Rikhi Ram Bhardwaj Aged About 58 Years Occupation - Service Presently Posted As Working As Secretary, Gram Panchayat- Murlidih , Tahsil- Akaltara, Dist- JanjgirChampa (C.G.) R/o Village- Bhaistara, Tahsil- Baloda, Dist- JanjgirChampa (C.G.)

¶243

--- Petitioner(s)

¶244

21

¶245

Versus

¶246

1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan Atal Nagar, Nava Raipur , District- Raipur (C.G.)

¶247

2 - Chhattisgarh State Information Commission Through Its Commissioner Chhattisgarh State Information Commission Sector 19, North Block Nava Raipur Atal Nagar Raipur Dist- Raipur (C.G.)

¶248

3 - Janpad Panchayat Akaltara, Dist- Janjgir Champa (C.G.) Through Its Chief Executive Officer Janpad Panchayat Akaltara, District- Janjgir Champa (C.G.)

¶249

4 - Sharad Dewanagan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh (C.G.)

¶250

--- Respondent(s)

¶251

WPC No. 6156 of 2024

¶252

1 - Shyama Bhardwaj W/o Shri Narendra Kumar Aged About 57 Years Occupation- Service, Presently Posted And Working As Secretary, Gram Panchayat- Sonadula, Tahsil Akaltara, District- Janjgir-Champa, (C.G.), R/o Village- Daikoni, Tahsil- Baloda, District- Janjgir-Champa, Chhattisgarh.

¶253

--- Petitioner(s)

¶254

Versus

¶255

1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh.

¶256

22

¶257

2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur Atal Nagar, Raipur, District- Raipur, Chhattisgarh.

¶258

3 - Janpad Panchayat Akaltara District- Janjgir-Champa (C.G.) Through Its Chief Executive Officer, Janpad Panchayat-Akaltara, District- JanjgirChampa, Chhattisgarh.

¶259

4 - Sharad Dewanagan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh, Chhattisgarh.

¶260

--- Respondent(s)

¶261

WPC No. 6158 of 2024

¶262

1 - Raja Ram Patel S/o Banalal Patel Aged About 47 Years OccupationService, Presently Posted And Working As Secretary, Gram PanchayatSankar, Tahsil- Akaltara, District- Janjgir-Champa (Chhattisgarh), R/o Village- Sonadula, Tahsil- Akaltara, District- Janjgir-Champa (Chhattisgarh)

¶263

--- Petitioner(s)

¶264

Versus

¶265

1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (Chhattisgarh)

¶266

2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur Atal Nagar, Raipur, District- Raipur (Chhattisgarh)

¶267

23

¶268

3 - Janpad Panchayat- Akaltara District- Janjgir-Champa (Chhattisgarh) Through Its Chief Executive Officer, Janpad Panchayat- Akaltara, District- Janjgir-Champa (Chhattisgarh)

¶269

4 - Sharad Dewangan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh, Chhattisgarh

¶270

--- Respondent(s)

¶271

WPC No. 6215 of 2024

¶272

1 - Maheshwar Singh Narmada S/o Late Shri Raghunath Singh Narmada Aged About 52 Years Occupation Service Presently Posted As Working As Secretary Gram Panchayat Amalipali Tahsil Akaltara District - Janjgir - Champa (C.G.0 R/o Village Hathitikra Tahsil Janjgir District - Janjgir - Champa (C.G.)

¶273

--- Petitioner(s)

¶274

Versus

¶275

1 - State Of Chhattisgarh Through Secretary Department Panchayat And Rural Welfare Mantralaya Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.)

¶276

2 - Chhattisgarh State Information Commission Through Its Commissioner Chhattisgarh State Information Commission Sector - 19, North Block Nava Raipur Atal Nagar Raipur District - Raipur (C.G.)

¶277

3 - Janpad Panchayat Akaltara District - Janjgir - Champa (C.G.) Through Its Chief Executive Officer Janpad Panchayat Akaltara District - Janjgir - Champa (C.G.)

¶278

4 - Sharad Dewanagan R.T.I. Activist Shri Ram Colony Beladula Behind Stadium Raigarh (C.G.)

¶279

--- Respondent(s)

¶280

24

¶281

WPC No. 6332 of 2024

¶282

1 - Ganesh Ram Yadav S/o Shri Late Shri Mahesh Ram Yadav Aged About 53 Years Occupation Service, Presently Posted As Working As Secretary, Gram Panchayat - Bana, Tahsil - Akaltara, District JanjgirChampa Chhattisgarh, R/o Village - Parsahi Bana, Tahsil - Akaltara, District Janjgir-Champa Chhattisgarh

¶283

--- Petitioner(s)

¶284

Versus

¶285

1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh

¶286

2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission,sector 19, North Block, Nava Raipur Atal Nagar, Raipur, District - Raipur Chhattisgarh

¶287

3 - Janpad Panchayat - Akaltara District Janjgir-Champa Chhattisgarh Through Its Chief Executive Officer, Janpad Panchayat - Akaltara, District Janjgir-Champa Chhattisgarh

¶288

4 - Sharad Dewanagan R.T.I. Activist, Shri Ram Colony, Beladula, Behind Stadium, Raigarh Chhattisgarh

¶289

--- Respondent(s)

¶290

WPC No. 6336 of 2024

¶291

1 - Manoj Kumar Khunte S/o Shri Sant Ram Khunte Aged About 43 Years Occupation- Service, Presently Posted And Working As

¶292

25

¶293

Secretary, Gram Panchayat- Bhaistara, Tahsil- Akaltara, District JanjgirChampa, Chhattisgarh. R/o Village- Sajapali, Tahsil- Akaltara, District : Janjgir-Champa, Chhattisgarh

¶294

--- Petitioner(s)

¶295

Versus

¶296

1 - State Of Chhattisgarh Through Secretary, Department Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh

¶297

2 - Chhattisgarh State Information Commission Through Its Commissioner, Chhattisgarh State Information Commission, Sector 19, North Block, Nava Raipur, Atal Nagar, Raipur, District : Raipur, Chhattisgarh

¶298

3 - Janpad Panchayat- Akaltara District Janjgir-Champa, Chhattisgarh, Through Its Chief Executive Officer, Janpad Panchayat- Akaltara, District Janjgir-Champa, Chhattisgarh.

¶299

4 - Sharad Dewangan R.T.I. Activist, Shri Ram Colony, Belauda, Behind Stadium, Raigarh. Chhattisgarh.

¶300

--- Respondent(s)

¶301

For Petitioner(s)	: Shri Malay Shrivastava and Ms. Sakshi Chhabra, Advocates
For Respondent No.1/State	: Shri Ajit Singh, GA
For Respondent No.2	: Shri Shyam Sunder Lal Tekchandani, Advocate
For Respondent No.4	: Shri Shubham Dewangan through VC

¶302

26

¶303

(Hon’ble Shri Justice Arvind Kumar Verma)

¶304

Order on Board

¶305

27/10/2025

¶306

With the consent of the parties, the matter is heard finally.

¶307

These batch of writ petitions, including identical questions of law and fact, were heard analogously and are being disposed of by this common order.

¶308

The petitioners are serving as Secretaries of their respective Gram Panchayats and discharging duties as they are designated as Public Information Officers (PIOs) under Section 5(1) of the Right to Information Act, 2005 (hereinafter referred to as the Act, 2005).

¶309

The respondent No.4 in each matter, invoking Section 6(1) of the Act, submitted an application seeking information relating to deposit slips and documents concerning he Tax Deducted at Source (TDS) purportedly which according to him, was deducted by the concerned Gram Panchayat and deposited into the account of the government. Along with the said application, respondent No.4 annexed a total postal order of ten rupees in the form of two separate postal orders of five rupees each. it is undisputed that both the postal orders were completely blank, neither filled with the name of the payee nor the designation of the authority in whose favour they were drawn. As such, the same were not a valid tender of application fee as required under the Act and the Rules.

¶310

27

¶311

On scrutiny of the application, the petitioners found it defective and non-compliance with the statutory provisions and vide orders dated 15.10.2019, they returned the application to respondent No.4 with directions to resubmit the same with duly filled postal orders as mandated under Section 6(1) of the Act of 2005 and Rule 3 of the Right to Information Rules, 2012 (the Rules of 2012).

¶312

Aggrieved by the said decision, respondent No.4 preferred a First Appeal before the First Appellate Authority under Section 19(1) of the Act of 2005. The Appellate Authority, after due consideration, vide order dated 14.11.2019,held that the postal orders were not filled in accordance with law and directed the respondent No.4 to rectify the defect and submit a fresh application in proper form.

¶313

Instead of complying with the said direction, respondent No.4 preferred a Second Appeal before the State Information Commission under Section 19(3) of the Act of 2005.Notably, the said Second Appeal was filed beyond the statutory limitation of 90 days. The appeal memo simply contained a prayer for condonation of delay but there were no facts or grounds explaining and sufficient cause.

¶314

The State Information Commission (respondent No.2) without condoning the delay either expressly or by implication and without recording any satisfaction on the aspect of limitation proceeded to entertain the appeal. By order dated 29.11.2023, the Commission directed that information be supplied free of cost to respondent No.4

¶315

28

¶316

and further imposed a penalty of Rs. 25,000/- upon the petitioner in each case under Section 20(10 of the Act of 2005.

¶317

On receipt of the aforesaid order, the respective Chief Executive officers of the Janpad Panchayts instructed the petitioners to deposit the penal amount immediately and threatened withholding their salaries in case of default. The petitioners, being aggrieved by the said orders, have invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India.

¶318

Counsel for the petitioners submits that the impugned orders passed by the State Information Commission are wholly arbitrary, illegal and unsustainable in law for the following reasons:

¶319

1. Defective and Invalid Application : It is submitted that the original application under Section 6(1) of the Act of 2005 was not in conformity with the statutory provisions as the postal orders annexed along with it were completely blank and lacked any endorsement showing in whose favour they were drawn. The petitioners, therefore, acted in accordance with law by returning the application with a direction to submit it in proper form.

¶320

Compliance with Section 6(1) and Rule 3 : Counsel for the petitioners submits that Section 6(1) of the Act of 2005 mandates that every request for information must be accompanied by the prescribed application fee, while Rule 3 of the Rules of 2012 provides that the application shall be accompanied by a fee of ten rupees, ordinarily

¶321

29

¶322

through a duly filled postal order. Since the applicant failed to fulfill these conditions, his application could not be treated as validly filed.

¶323

3. No refusal of information :

¶324

It was further argued that the petitioners never denied or refused the information sought by the respondent No.4. The act of returning the defective application merely on account of non-filing of a duly filled postal order constitutes an administrative intimation and not a refusal under Section 7 of the Act. Hence, no appeal under Section 19(1) or 19(3) was maintainable against such a communication.

¶325

Bar of Limitation: The Second Appeal; before the State Information Commission was admittedly lodged far beyond the prescribed information of 90days without assigning any sufficient reason. The Commissioner, before proceeding to hear the appeal, was bound to first condone the delay in compliance with the proviso to Section 19(3). Absence of such a finding renders the entire conduct of the Commission without jurisdiction.

¶326

Penalty without cause: Learned counsel submitted that imposition of a penalty under Section 20(1) of the Act of 2005 requires the Commission to record satisfaction that the Public Information Officer has, without reasonable cause, refused to receive an application for information or has willfully disobeyed the direction to furnish the same. In the case at hand, the petitioners had acted strictly in consonance with statutory provisions and di not exhibit any negligence, default of malafide conduct warranting penal consequence.

¶327

30

¶328

Jurisdictional and procedural infirmity: It was further argued that passing of the impugned order without deciding the preliminary issue of limitation and without issuing a proper notice to explain cause before the imposition of penalty is violative of the principles of natural justice. The entire proceedings before respondent No.2 thus stand violated.

¶329

Summing up the arguments, learned counsel for the petitioners contended that the impugned orders dated 29.11.2023 passed by the State Information Commission and the consequential recovery orders passed by the respective Chief Executive Officers deserves to be quashed in exercise of the supervisory jurisdiction of this Court.

¶330

Learned State counsel/respondent No.1 and respondent No.2 representing the State Information Commission opposed the writ petitions and supported the impugned orders, making substantive contentions in opposition that these petitioners deserve to be dismissed in limine as it merely seeks to challenge an order passed by a statutory quasi-judicial body in due exercise of its jurisdiction under Section 19(3) read with 20(1) of the Right to Information Act, 2005 (hereinafter referred to as “the Act”). He submits that in exercise of writ jurisdiction under Article 226 of the Constitution of India, does not ordinarily sit in appeal over the decision of such specialized statutory authorities unless there occurs patent illegality or arbitrariness which is not demonstrated in the present case.

¶331

He next submits that the record clearly shows that respondent No.4 the original applicant, submitted an application dated 30.08.2019

¶332

31

¶333

seeking certain documents relating to TDS deductions and deposits made by the Gram Panchayat, Akaltari. The application, initially filed before the Chief Executive Officer, Janpad Panchayat, Akaltara was duly transferred to the competent Public Information Officer, Secretary of Gram Panchayat, Akaltari, under Section 6(3) of the Act on 12.09.2019.

¶334

He submits that instead of processing the same, the PIO rejected the application on the sole ground that the postal order did not contain the payee’s name. This action, in the respondent Commission’s view, amounted to the denial of information in contravention of the procedure contemplated under the Act. He submits that Section 6(1) of the Act, read conjointly with its proviso, casts a clear obligation upon the Public Information Officer to render reasonable assistance to the applicant in cases where the request for information suffers from any procedural or technical defect. The underlying legislative intent of the Act is to facilitate access to information and not to obstruct it on minor procedural lapses. The PIO instead of assisting the applicant in rectifying the minor omission regarding the postal order or encashing the same through appropriate procedure, chose tor eject the entire application outright, thereby frustrating the very spirit of the Act.

¶335

Reliance is placed upon the office memorandum dated 5.10.2009 issued by the Department of Personnel and Training, Government of India, titled “Guide on the Right to Information Act, 2005”(Part IVApplications received without fee). The said guidelines explicitly instruct

¶336

32

¶337

that while an application not accompanied with the prescribed fee cannot be formally treated as one under the Act, the Public Information Officer should nevertheless consider such an application sympathetically and endeavour to supply the requested information by offering assistance to the information seeker.

¶338

In the instant cases, the postal order was not without fee but only unfilled with the name of the payee. Therefore, the application was legally accompanied by the correct fee amount and its rejection on such a minor defect was a disproportionate and hyper technical act of refusal.

¶339

The Commission upon receiving the second appeal, duly issued notices to both the First Appellate Authority and the Public Information Officer (PIO). Notices were sent through registered post on 09.09.2022. The records reveal that both the FAA and the PIO submitted their written replies before the Commission, acknowledging the factual situation and reiterating that the postal order was blank. Thereafter the matter was taken up for hearing through virtual conferencing on 7.12.2022, in which both the appellant and the concerned officials appears. The Commissioner considered the replies and the relevant provisions of the Act and directed the PIO to produce certification from the postal department regarding non-encashment of the postal order as well as an explanation for procedural lapse. Despite the direction, no such certification or explanation was subsequently furnished by the Commission.

¶340

33

¶341

Having afforded sufficient opportunity to the PIOs involved- both the serving PIO and the previous PIO-the Commission proceeded, after due notice under Section 20(1), to reach a reasoned conclusion that the officers failed to discharge their statutory obligation under Section 6(1) and Section 7(1) of the Act.

¶342

The Commission, after analyzing the material, found that no attempt was made to realize or regularize the blank postal order, nor was any intimation or assistance provided to the applicant to resubmit the fee, which amounted to gross negligence and a clear dereliction of statutory duty by the PIO. Accordingly, after satisfaction on the parameters under Section 20(1), a penalty of Rs. 25,000/- was imposed on the PIO by the Commission vide its order dated 29.11.2023.

¶343

Counsel for the respondent No.2 urged that the RTI Act, is a remedial and facilitative statute intended to operationalize a citizen’s fundamental right to know under Article 19(1)(a) of the Constitution. The PIO’s act of mechanical rejection on a trivial procedural omission constitutes an impediment to the statutory objective and defeats the purpose of transparency in public offices. The Commission’s interpretation that a blank postal order, containing the correct denomination but lacking the payee’s name, could have been regularized by assistance from the PIO, is in conformity with the spirit of public accountability and cannot be termed illegal or perverse.

¶344

He submits that the Commission has proceeded in due exercise

¶345

34

¶346

of power, after detailed examination and consistent application of statutory provisions. There is no material suggesting bias, malice or lack of jurisdiction. The Commission’s order is a well reasoned administrative adjudication aimed at reinforcing statutory compliance no punishment for bonafide error.

¶347

Learned counsel for the respondent No.4 submits that the petitioners’ rejection of the RTI application on the sole ground of a blank payee filled in the postal order is an excessively technical stance which defeats the aims of the Right to Information Act, 2005. The requisite application fee was submitted and minor procedural defects could have been easily cured by the PIO through reasonable assistance mandated by Section 6(1) of the Act.

¶348

He further contended that respondent No.4 sought genuine information on TDS deposits- a matter of public interest. The State Information Commission rightly penalized the petitioner for not processing the application and thereby obstructing access to information and has therefore supported that the Commission’s order be upheld and the petitions may be dismissed as permitting such technical refusals would undermine transparency and citizen rights prescribed by law.

¶349

Heard learned counsel for the parties and perused the records with utmost circumspection.

¶350

On a close scrutiny of the record, it is evident that respondent

¶351

35

¶352

No.4 initiated proceedings under the Right to Information Act, 2005 by submitting an application dated 30.08.2019 to the Public Information Officer, Gram Psncahyat Akaltari seeking certain information. The said application was accompanied by an Indian Postal of Rs. 10/-, however, the postal order was completely blank and did not contain the requisite particulars, notably the name of the payee or the authority in whose favor it was drawn.

¶353

It is admitted and undisputed factual position that, in absence of the payee’s name, the postal department declined to disburse the payment on the postal order. The petitioners, being the Public Information officers in all the cases, rightly returned the application and the accompanying postal order to the respondent No.4 directing him to resubmit the application along with properly filled postal order so as to comply with the statutory requirements.

¶354

Aggrieved by the said action, respondent No.4 preferred a First Appeal before the First Appellate Authority, who also directed the applicant to rectify the procedural defect by submitted the duly filled postal order afresh. Instead of complying with these directions, respondent No.4 chose to invoke the jurisdiction to the State Information Commission by filing a second appeal. Pursuant to this, the Commission proceeded to pass the impugned order dated 29.11.2023 in Second Appeal No. A/2441/2020/Raigarh whereby a penalty of Rs. 25,000/- was imposed upon the petitioner under Section 20(1)of the RTI Act, 2005.

¶355

36

¶356

Learned counsel for respondent No.2 fairly admitted that as a matter of accepted practice, no postal order lacking the adressee’s name would be processed or paid by the postal department. The original application, not accompanied by a valid, duly filled postal order specifying the payee, was thus incomplete in the eyes of law. The petitioner discharges his statutory duty in returning the defective application and did so within the prescribed time.

¶357

The submission by counsel for respondent No.4 that the PIO ought to have himself entered the payee’s name on the blank postal order, cannot be accepted. Such alteration or completion of an unfilled payment instrument by an authority other than its purchaser can neither be treated as compliance o\nor validated under the law, as ti may raise issues of forgery or interpolation with a negotiable instrument.

¶358

Section 6(1) of the Right to Information Act, 2005 specifically mandates that every request be accompanied by the prescribed fee which must be paid in the manner indicated by law. In the instant case,the application was not supported by a valid tender of the application fee and accordingly, was rightly returned to the applicant for rectification. The Second Appellate Authority failed to appreciate that the Public Information Officer had not refused the application on merits but had merely required procedural compliance to enable valid processing. Section 6(1) (a) and (b) of the Act. 2005 provides as under:

¶359

“6. Request for obtaining information- (1) A person, who desires to obtain any information

¶360

37

¶361

under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to -

¶362

(1) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority. (2) the Central Assistant Public Information Officer or State Assistant Pubic Information Officer, as the case may be, specifying the particulars of the information sought by him or her.”

¶363

Section 7(6) of the Act, 2005 provides as under:

¶364

“ 7. Disposal of request – (1) subject to the proviso to sub-section (2) of Section 5 or the proviso to sub-section (3) of Section 6, the Central Public Information Officer or State Public Information Officer, as the case may be on receipt of a request under Section6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in Sections 8 & 9.

¶365

(6) Not withstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).”

¶366

In view of these facts and circumstances and having regard to the legislative framework of the RTI Act, particularly Sections 6 and 20, this Court holds that the penalty imposed by the State Information Commission upon the petitioner is arbitrary and unsustainable in law

¶367

38

¶368

and is thus liable to be quashed. However, the applicant/respondent O.4 remains at liberty, if he desires, to file a fresh application seeking the desired information accompanied by a postal order duly filled with requisite particulars.

¶369

Accordingly, the impugned order dated 29.11.2023 passed by the Chhattisgarh State Information Commission in Second Appeal No. A/2441/2020/Raigarh imposing penalty on the Public Information Officer is hereby quashed and set aside. There shall be no order as to costs.

¶370

With the above observation, the petitions are allowed.

¶371

Sd/(Arvind Kumar Verma) Judge

¶372

Digitally signed SUGUNA by SUGUNADUBEY DUBEY Date: 2025.11.14 15:10:54 +0530

Ajay Kumar Yadav v. State of Chhattisgarh

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Ajay Kumar Yadav v. State of Chhattisgarh

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