S K Nigam v. Alok Mehrotra
Case brief
What is this about?
Petitioner challenged penalty imposed by CIC on 06.12.2010. Court found no basis as petitioner was not CPIO at relevant time and no notice issued. Petitioner allowed and penal order set aside despite respondent non-appearance.
What did the court decide?
The order dated 06.12.2010 imposing a penalty of Rs. 25,000/- was set aside and the petition was allowed.
What the court decided
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(C) 5199/2011 & CM APPLN. 10545/2011
S K NIGAM ..... Petitioner
Through: Mr. Santosh Tripathi, ASC for GNCTD with Mr. Rishabh Ostwal and Mr. Shashank, Advocates.
versus
ALOK MEHROTRA ..... Respondent Through: None.
CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT O R D E R % 05.12.2018
Vide the present petition, the petitioner seeks direction thereby setting aside decision dated 06.12.2001, whereby the CIC has imposed penality on the petitioner for sum of Rs. 25,000/-.
Order sheet reveals that none has been appearing on behalf of the respondent. Counsel for the respondent lastly appeared on 08.12.2015. Thereafter, from the last five consecutive dates, none has appeared on behalf of the respondent.
By virtue of the impugned order dated 06.12.2010 passed by the CIC penalty for a sum of Rs. 25,000/- has been jointly levied on the petitioner, S. K. Nigam PIO and Assistant Labour Commission (Administration) and Mr. A. K. Passi welfare Officer and are deemed PIO.
Issues for consideration
3 issues framed by the court
Whether the penalty imposed by the Central Information Commission on the petitioner was valid since he was not the CPIO at the relevant time and no show cause notice was issued to him.
Whether the order imposing penalty has basis in law when the petitioner was not the designated information officer.
Is the petitioner entitled to relief from the pecuniary penalty imposed by the CIC?
Parties & counsel
- petitioner
S K Nigam
- respondent
Alok Mehrotra
Coram
Suresh Kumar Kait
Case details
As recorded by the court registry
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