SUJIT NARAYAN PRASAD,J. - (1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order dated 30.12.2015 passed in Appeal Case No.2491 of 2014 by the Jharkhand State Information Commission, Ranchi, has been assailed, whereby and whereunder, two fold directions have been passed:- (i) The petitioner has been directed to make payment of compensation in pursuance to the provision as contained under Section 19(8)(B) of the Right to Information Act by compensating the Information Seeker-respondent no.2 to compensate by making payment of Rs.25,000/-; (ii) The second direction is to provide the sample report pertaining to two roads i.e., Birsa Nagar Zone No.5 and Birsa Nagar Zone No.1 as also to provide information pertaining to Birsa Nagar Zone No.3.
(2.) Mr. Amarendra Kumar, learned counsel for the petitioner has assailed the aforesaid order on the ground that the order directing for payment of compensation in pursuance to the provision of Section 19(8)(B) of the Act, 2005, is not sustainable in the eye of Law since the said direction has been passed upon the Public Information Officer while as would appear from the provision of Section 19(8)(B) of the Act, 2005, the direction for compensating the Information Seeker is required to be made upon the Public authority and according to the definition of "public authority" as contained under the provision of Section 2(h) of the Act, 2005, there is difference in between the Public Information Officer and the Public Authority.
(3.) So far as the second part of the order, by which, the recommendation, is to be made for initiation of departmental proceeding as contained under sub-section 2 of Section 20 of the Act, 2005, submission has been made pertaining to two roads i.e., Birsa Nagar Zone No.1 and Birsa Nagar Zone No.5 that since construction of roads have already been completed, therefore, there is no question of furnishing the sample in favour of the petitioner. So far as the road i.e., Birsa Nagar Zone No.3, the same does not pertain to Jamshedpur Notified Area Committee and as such, no such information can be provided to the petitioner. ;