- (1.) BY filing a supplementary affidavit, the petitioner has informed that substituted service of notice on respondent no.2 has been made by publication of the notice in the local daily news papers, Prabhat Khabar, a copy of which has been filed with the affidavit. Inspite of notice, the respondent no.2 has not appeared even today either in person or through Advocate.
(2.) THE petitioner in this writ petition has prayed for quashing the order dated 30.11.2006 ( annexure 1) passed by the Regional Deputy Director of Education, North Chotanagpur Division, Hazaribagh, whereby it was declared that the petitioner had failed to furnish the requisite information on the application filed by the respondent no. 2 in respect of certain queries, within a period of thirty days as stipulated under section 7 of the Right to Information Act and that the petitioner did not show the requisite amount of responsibility and seriousness in complying with the requirement of law. The petitioner has further prayed for quashing the order dated 22.3.2007 ( Annexure 1/A) passed by the Information Commissioner Jharkhand in Appeal No.9 of 2007 whereby penalty of Rs. 250/ - per day, has been imposed against the petitioner after allowing the appeal filed by the respondent no. 2 State of Jharkhand (Respondent no.1 ) has appeared and filed counter affidavit.
(3.) THOUGH notice upon respondent no.2 was issued by way of substituted service through paper publication, he has failed to appear either in person or through lawyer. Accordingly, this application is taking up ex parte against respondent no. 2. Assailing the impugned order, the main contention of the petitioner is that the concerned authority has erred in failing to consider the fact that the petitioner had depended upon the another officer who was conversant with the matter related to the information sought and the petitioner could submit information only on 4.11.2006 after receipt of information from concerned officer. The petitioner had supplied information nevertheless within thirty days from the receipt of the application of respondent no.2.;