NAGENDRA PRASAD K. PRESENTLY WORKING AS OFFICER OF SPECIAL DUTY Vs. SRI A.R.S. KUMAR AND THE KARNATAKA INFORMATION COMMISSION

JUDGEMENT

(1.) THE petitioner was holding the post of Assistant Commissioner, Sakaleshpura Sub -Division, Hassan District. Respondent No. 1 filed an application dated 25.08.2010 under the Right to Information Act, 2005 and sought providing of certified copies of the entire file pertaining to MR No. 13/2013 and also the orders passed by the Assistant Commissioner on 10.08.2009 and 16.01.2010. The said application was received in the office of the Assistant Commissioner, Sakaleshpura Sub -Division on 28.08.2010. Respondent No. 1 filed complaint under Section 18 of the Act, before the Karnataka State Information Commission, to direct the Assistant Commissioner, Sakaleshpura Sub -Division, to provide the complete information sought in the application dated 25.08.2010 and impose penalty as per Section 20 of the Act for the failure to provide the information sought. Notice of the said compliant was issued to the petitioner on 16.06.2011.

(2.) THE petitioner asserts that he furnished, on 25.06.2011, by Registered Post Acknowledgment Due, the information sought by respondent No. 1, as per the application dated 25.08.2010, received by his office on 28.08.2010. An order dated 11.07.2011 was passed by the Commission, which appears to be in exercise of the power under Section 18 of the Act. The Commission having passed an order dated 08.12.2011, as at Annexure -M, imposing penalty of Rs. 25,000/ - on the petitioner, feeling aggrieved this writ petition has been filed to quash the order, as at Annexure -M and for grant of consequential reliefs.

(3.) COMPLAINT having been filed under Section 18 of the Act on 01.10.2010 against the petitioner, after issuing notice dated 16.06.2011, order dated 11.07.2011 was passed, which appears to be in exercise of the power conferred under Section 18 of the Act by the Commission. On account of the failure of the petitioner to act in terms of the order dated 11.07.2011, the impugned order levying penalty of Rs. 25,000/ - has been passed against the petitioner.