Shantanu Ku.Mahalik v. Commnr.-Cum-Secy.
Case brief
What is this about?
Writ petition challenging penalty under RTI Act. Court allowed reduction of maximum penalty to Rs. 10,000 as first offence for delay exceeding 100 days in furnishing information.
What did the court decide?
Penalty reduced from Rs. 25,000/- to Rs. 10,000/- to be recovered from the petitioner.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No. 8964 of 2012
- 06.01.2020
Heard learned counsel for the petitioner and Mr. B. Senapati, learned Addl. Government Advocate.
The petitioner has filed this application seeking to quash the order dated 23.02.2012 passed by the State Information Commissioner in Annexure-5, by which a penalty of Rs.25,000/- has been imposed on the petitioner under Section 20(1) of the Right to Information Act, 2005 for causing more than 100 days delay in providing information.
Mr. S.K. Rout, learned counsel for the petitioner contended that maximum penalty of Rs.25,000/- having been imposed on the petitioner, this Court may take a liberal view and reduce the penal amount, instead of directing to pay maximum amount.
Mr. B. Senapati, learned Addl. Government Advocate contended that if delay has been caused on the part of the petitioner for 100 days in providing information, no illegality or irregularity has been committed by the State Information Commissioner by imposing penalty of Rs.25,000/-, thereby, the order is well justified and this Court should not interfere with the same.
Considering the contention raised by learned counsel for the parties and after going through the records, it appears that opposite party no.4 being the applicant filed application under Section 6(1) of the Right to Information Act with the IIO, I & P.R. Department seeking information related to the details of tenders floated during the financial year 2007-08 to 2009-10 for procurement of office stationeries in the Department and other connected issues,
Issues for consideration
3 issues framed by the court
Whether the penalty imposed by the State Information Commissioner under Section 20(1) of the RTI Act, 2005 can be reduced despite it being levied at the maximum statutory limit.
Whether the first-time offender deserves a liberal view and reduction of the penalty amount.
Whether the impugned order imposing penalty for delay in providing information under the RTI Act suffers from any illegality or irregularity.
Parties & counsel
- petitioner
Petitioner
- respondent
Opposite Party No. 4
Coram
Dr. B.R. Sarangi
Case details
As recorded by the court registry
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