Allowed

Binay Kumar v. The State of Bihar through the Chief Secretary

Patna HC14 Mar 2023CWJC/15316/2021

Case brief

AI extract

What is this about?

This order quashes an impugned order dated 27.08.2019 passed by the State Information Commissioner imposing a cost of Rs. 25,000 on the petitioner. The Court held that since no show cause notice was issued to the retired petitioner prior to the order, his right to an opportunity of hearing under principles of natural justice was violated. The writ petition was allowed.

What did the court decide?

The impugned order dated 27.08.2019 passed by the State Information Commissioner impounding penalty of Rs. 25,000 on the petitioner was quashed.

Binay Kumar Vs The State of Bihar through the Chief… — RTI and Transparency | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15316 of 2021

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======================================================

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Binay Kumar S/o - Late Ramdeo Singh R/o Vill and Post - Sheikhpur, P.S. - Shiyapur, Distt - Muzaffarpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Govt. of Bihar.

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Bihar State Information Commissioner

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Satyapal Singh, Advocate : Mr. Mithilesh Kr. Upadhyay, Advocate For the Respondent/s : Ms.Kumari Amrita ( GP 3 ) For State Information Commission : Ms. Vinita Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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4 14-03-2023

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The present writ petition has been filed for quashing

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the order dated 27.08.2019, passed by the State Information Commissioner in case no.- C 456/2019 (Sri Ram Bhagat v.

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First Appellate Authority-cum-District Education officer, Muzaffarpur/ Public Information Officer-cum-District Programme Officer (Establishment), Education Department, Muzaffarpur) , whereby and whereunder a cost of Rs. 25,000/has been imposed upon the petitioner.

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The short point raised by the learned counsel for the petitioner in the present writ petition is that no show cause notice was issued to the petitioner prior to passing of the impugned order dated 27.08.2019, which is apparent from the

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Patna High Court CWJC No.15316 of 2021(4) dt.14-03-2023 2/2

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impugned order itself, especially in view of the fact that the petitioner stood retired on 29.02.2019 itself.

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Admittedly, the learned counsel appearing for the State Information Commission has not been able to show any document from the records of the present case to the effect that any notice was sent/ served upon the petitioner at his personal address, inasmuch as he had stood retired from the government services on 29.02.2019, hence, obviously, no opportunity of hearing has been granted to the petitioner prior to imposing penalty upon him, which smacks of blatant disregard to the Principles of Natural Justice.

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Having regard to the facts and circumstances of the case and considering the fact that the Principles of Natural Justice have not been complied with prior to passing of the impugned order dated 27.08.2019, I deem it fit and appropriate to quash the impugned order dated 27.08.2019, passed by the State Information Commissioner.

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The writ petition stands allowed.

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(Mohit Kumar Shah, J)

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rinkee/-

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Binay Kumar v. The State of Bihar through the Chief Secretary

Case brief

What is this about?

What did the court decide?

Binay Kumar v. The State of Bihar through the Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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