2009 (8) TMI 1256 - HC - Indian Laws

Summary

Issues involved: Setting aside the penalty imposed under the Right to Information Act, 2005 for delay in supplying information.

Summary:
1. The writ petition was filed to challenge the penalty imposed for delay in supplying information under the Right to Information Act, 2005.
2. The Chief Information Commissioner rightly expressed displeasure at appointing non-qualified individuals as CPIOs.
3. The two class-IV officials were assisting the CPIO and were not solely responsible for collecting and supplying information.
4. CPIOs cannot escape their obligations and duties under the Act, and necessary consequences follow in case of failure or delay.
5. The penalty imposed on the petitioner, who was not designated as a CPIO, was based on a wrong assumption and without issuing any notice.
6. The impugned order imposing penalty on the petitioner was set aside, and the matter was remanded back for re-examination by the Central Information Commission.
7. The Central Information Commission will re-examine the case, issue notice to the concerned CPIO, and impose penalty if required.
8. The Court clarified that it did not express any opinion on imposing a penalty and stated that the Central Information Commission has the authority to pass an appropriate order.

The writ petition was disposed of, and the deposited amount was to be released to the petitioner.