Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the order dated 30.09.2015 passed in Appeal Case No. 1849 of 2014 by Information Commissioner has been assailed by which the petitioner has been directed to make payment of Rs.20,000/- by way of compensation in exercise of power conferred under Section 19(8)(b) of the Right to Information Act, 2005 (hereinafter referred to as the Act, 2005) and Rs.25,000/- by way of penalty in pursuance to the power conferred under Section 20(1) of the Act, 2005.
(2.) The aforesaid order has been assailed inter alia on the following grounds:- (i) The authority while passing an order under Section 19(8)(b) of the Act, 2005 by directing the petitioner to make compensation of Rs.20,000/- has committed gross illegality in holding the petitioner liable to make payment of compensation even though the petitioner is not coming under the fold of definition "Public Authority" as referred under Section 19(8)(b) of the Act, 2005 and as per the definition of "Public Authority" provided under Section 2(h) of the Act, 2005. (ii) The order of penalty has been directed to be paid in exercise of power conferred under Section 20(1) of the Act, 2005 but prior to passing of such order, the opportunity of hearing has not been provided as required to be provided under the proviso to Sub Section (1) of Section 20 of the Act, 2005. (iii) The required information has been sent by the Public Information Officer but as would appear from Annexure-2 that he has refused to accept the same but while passing such order the said aspect of the matter has not been appreciated.
(3.) Mr. Sanjay Piprawall, learned counsel appearing for the Information Commission as also Mr. Prashant Pallav, learned G.A.-IV, representing the State of Jharkhand have defended the order passed by the authority by submitting that by not furnishing the documents the very object and spirit of the Act, 2005 has been over reached by inaction on the part of the petitioner since at the relevant time he was holding the charge of the Public Information Officer and therefore, the order may not be interfered with.;