KAPOOR CHAND SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner has filed this writ petition challenging the order dtd. 22/4/2022 passed by the State Information Commission /respondent No.2 imposing penalty upon the petitioner of Rs.25,000.00 under the provision of Sec. 20 (1) of the Right to Information Act, 2005 (for short "RTI Act").

(2.) Learned counsel for the petitioner submits that State Information Commissioner in the impugned order has recorded that the notice was issued to the Public Information Officer/Block Education Officer, Surajpur, Block- Surajpur on 8/6/2020, 27/3/2021, 26/8/2021 and 22/1/2022, but there was no representation on behalf of the Block Education Officer/Public Information Officer nor any reply has been submitted. He submits that notices might have been issued on the date mentioned in the order, however, before the date of issuance of notice, petitioner was behind the bar in connection with some criminal case registered against him and pursuant to registration of criminal case and his arrest, petitioner was suspended by the competent authority vide order dtd. 9/7/2020. After suspension of the petitioner, one Pt. Bhardwaj was posted as Incharge Block Education Officer vide order dtd. 9/7/2020. He contended that as the order imposing penalty has been passed is in violation of principles of natural justice, therefore, the order so far as it relates to imposition of penalty upon the petitioner be set aside. The petitioner, at present is posted in the Office of Joint Director, District Education, Ambikapur.

(3.) Learned counsel for respondent No.2 opposes the submission of learned counsel for the petitioner and would submit that from the contents of order it is appearing that four notices were issued to Public Information Officer-cum-Block Education Officer, Surajpur and when notice was not responded, order has been passed in accordance with provision of the RTI Act which cannot be said to be erroneous.