- (1.) The basis on which the petitioner who is a 'social worker' moves the Court is that in four cases, the State Information Commissioner had imposed a fine on the Public Information Officer under the Right to Information Act 2005 but the fine is yet to be recovered. Details of those cases are annexed at Annexures 1 to 4 to the writ petition. The learned Standing Counsel has placed on the record his instructions which seem to indicate that in one of the cases, the order of imposition of fine has been recalled.
(2.) In our view, apart from this aspect, the fundamental issue is as to whether the auspices of this Court should be utilized under Article 226 of the Constitution in a public interest litigation for the enforcement or recovery of fines which have been imposed by the State Information Commissioner. We are emphatically of the view that the jurisdiction of this Court cannot be converted into that of an executing Court for the State for the recovery of fines under the Right to Information Act 2005. At the same time, we are of the view that since the Parliamentary legislation envisaged under the Right to Information Act 2005 has been enacted in public interest to promote transparency in governance, the State Government, on an order which has been passed by the State Information Commissioner, must act as a responsible authority by taking necessary steps to effectuate compliance. Where the State Information Commissioner has called upon the District Magistrate to take steps for recovery of fines imposed on errant Public Information Officers, subject to the right of an aggrieved individual to challenge the order by taking recourse to law, the State Government should take adequate steps to enforce the order as passed by the State Information Commissioner. Otherwise the provisions of the Act would become a dead letter and the purpose of making a legislation for imposing penalty would be defeated.
(3.) We direct that a copy of the present order be made available to the Chief Secretary of the State so that necessary administrative directions of a general nature can be issued. However, we expressly clarify that we are not inclined to interfere with each and every individual case since the matter can be examined at a systemic level by issuance of appropriate directions by the Chief Secretary to the administrative departments of the State.;