The Rajasthan High Court reduced a fine of ₹25,000 to ₹5,000 imposed on the Secretary of the Ajmer Development Authority for non-compliance with an information commission order, noting admitted delay but justified mitigation.
Fine of ₹25,000 reduced to ₹5,000; compliant within four weeks.
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[2025:RJ-JP:2686]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15124/2015
Secretary, Ajmer Development Authority (The Then Urban Improvement Trust, Ajmer), Rajasthan
----Petitioner
Versus
Shri. Mahesh Chandra Kantharia, "Shiv Shakti", Sobhag Club, Civil Lines, Ajmer Rajasthan
----Respondent-Complainant
For Petitioner(s) : Mr. Shobhit Vyas For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order
20/01/2025
This writ petition is directed against the order dated 30.10.2014 passed by the Chief Information Commissioner, Rajasthan Information Commission, Jaipur in Complaint No.322/2014 whereby, a fine of ₹25,000/- has been imposed upon the petitioner for non-compliance of the order dated 18.09.2013.
The relevant facts in brief are that in Appeal No.6192/2011 preferred by the respondent, the Chief Information Commissioner directed the petitioner to furnish the requisite information to him within a period of fifteen days from the date of order. Since, the requisite information was not furnished in time, the respondent filed a complaint wherein, vide order impugned dated 30.10.2014, a fine of ₹25,000/- has been imposed upon the petitioner.
Learned counsel for the petitioner, inviting attention of this Court, towards the various letters issued by him to the
[2025:RJ-JP:2686]
[CW-15124/2015]
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respondents dated 08.01.2014, 16.07.2014 and 15.10.2014, would submit that despite repeated requests, the respondent did not turn to inspect the record and therefore, the Chief Information Commissioner erred in imposing fine upon him. He, however, admits that there was some delay in calling upon the respondent pursuant to judgment dated 18.09.2013, and therefore, the maximum fine imposed upon him vide judgment dated 30.10.2014 be reduced suitably.
Heard. Considered.
Indisputably, pursuant to the judgment dated 18.09.2013, the petitioner had requested the respondent to contact in case he feels dissatisfied with the information through the letters dated 08.01.2014, 16.07.2014 and 15.10.2014. However, admittedly, there was delay in compliance of the order dated 18.09.2013.
In view thereof, taking into consideration the contentions advanced by the learned counsel for the petitioner and the mitigating circumstances, as stated hereinabove, this Court deems it just and proper to reduce the maximum fine of ₹25,000/imposed upon the petitioner vide judgment impugned dated 30.10.2014 to the fine of ₹5,000/-. Compliance be made within a period of four weeks from today.
The civil writ petition is disposed of in aforesaid terms. Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J
Manish/11
1 issue framed by the court
Whether the fine imposed under the Information Commission Order for delay in furnishing information should be mitigated given the court admission of delay but lack of fault in summons issuance.
Secretary, Ajmer Development Authority
Shri. Mahesh Chandra Kantharia
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
