Petitioner challenged penalty imposed by State Information Commission for delay in furnishing RTI information. Court held penalty excessive given interim payment and allowed dismissal by treating interim payment as compliance.
Interim payment treated as due compliance of penalty order; no further action against petitioner.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 26TH DAY OF MAY 2016/5TH JYAISHTA, 1938
WP(C).No. 21587 of 2008 (T)
PETITIONER(S):
SOBHANA CHANDRAN, VOLLAGE OFFICER & PUBLIC INFORMATION OFFICER, VILLAGE OFFICE, THYCAUD, THIRUVANANTHAPURAM.
BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU
RESPONDENT(S):
1. STATE INFORMATION COMMISSION, KERALA, PUNNEN ROAD, THIRUVANANTHAPURAM 695 039, REPRESENTED BY ITS CHIEF INFORMATION COMMISSIONER.
2. SRI.PRAVACHAMBALAM SREEKUMAR, V.H.P.PRACHARPRAMUKH, DISTRICT OFFICE, PRAVACHAMBALAM, NEMOM PO, THIRUVANANTHAPURAM.
R1 BY ADV. SRI.M.AJAY, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 21587 of 2008 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
ANU SIVARAMAN, J.
----------------------------------------------W.P(C).No. 21587 of 2008 ----------------------------------------------Dated this the 26th May, 2016
JUDGMENT
This writ petition is filed by the petitioner, who was working as the Village Officer in Thycaud Village Office challenging Exhibit P8 order of the State Information Commission imposing a penalty of Rs.25,000/- on him for the alleged delay in providing information sought for under the Right to Information Act. It is the case of th petitioner that after Exhibit P1 request was made, no follow up had been made by the second respondent. On receipt of Exhibit P3 notice from the first respondent, steps had been taken expeditiously and the information sought for had been provided immediately. It is further stated that the reasons for the delay in providing the information had been placed for consideration before the State Information Commission by Exhibit P7 reply submitted by him. It is the case of the writ petitioner that the reasons stated in Exhibit P7 have not been considered by the first respondent while passing Exhibit P8 order.
2
WP(C).21587/08
amount of Rs.5,000/- towards the penalty amount ordered in Exhibit P8. The petitioner has apparently made the payment also. On going through the order impugned, it appears that the reasons stated by the writ petitioner for the delay which had been highlighted in Exhibit P7 have not been taken into account while passing Exhibit P8 order. However, this Court is not persuaded to quash the order impugned, since it is one passed within jurisdiction and after proper notice to the petitioner. In view of the explanation offered in Exhibit P1, the maximum penalty appears to be excessive.
In the above circumstances, the writ petition is disposed of directing that the payment already made in terms of the interim order will be treated as due compliance of Exhibit P8 order. No further action shall be taken against the petitioner in terms of Exhibit P8 order.
The writ petition is disposed of as above.
ANU SIVARAMAN
JUDGE
vgs26/5
2 issues framed by the court
Whether the penalty imposed for delay in providing information under the RTI Act should be quashed considering the petitioner's explanation.
Whether the payment made under the interim order satisfies the compliance of the final penalty order.
1 provisions across 1 enactments
Sohana Chandran
State Information Commission, Kerala
Sri. Pravachambalam Sreekumar
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
