9911796707
TMI Blog2015 (2) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... given incorrect, incomplete or misleading information or destroyed information which was the subject of the request, in that event penalty can be imposed. In the further opinion of this Court, if there was reasonable cause for furnishing the delayed information then Chief Information Commissioner should not impose penalty merely because there was some delay in supplying the information. Appellant was not present before the Appellate Authority at the time when the appeal was taken up for hearing for the reason he had already received the information. Moreover, the explanation furnished by the petitioner before respondent No. 1 that he had directed the Head Clerk to supply the information immediately but information could not be supplied b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 2 to writ petition were supplied to respondent No. 2, herein, on 2-7-2013. 3. Undisputedly, petitioner, herein, stood transferred from the Municipal Board, Rudrapur in the month of May, 2013. 4. Having received notice from respondent No. 1, the petitioner, herein, filed his reply on 9-9-2013 specifically stating therein that order of the first appellate authority dated 11-2-2013 was served in his office on 26-2-2013 and immediately thereafter, the petitioner directed the Head Clerk working in the Municipal Board to provide informations at the earliest, however, most of the employees of the Municipal Board were busy in collection/preparation of relevant data and voter identity card and in other rescue work because of natural disast ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount of such penalty shall not exceed twenty-five thousand rupees : Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him : Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. (2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner should not impose penalty merely because there was some delay in supplying the information. 8. In the case in hand, first of all, appellant was not present before the Appellate Authority at the time when the appeal was taken up for hearing for the reason he had already received the information. Moreover, the explanation furnished by the petitioner before respondent No. 1 that he had directed the Head Clerk to supply the information immediately but information could not be supplied before his transfer for the reason that entire staff of the Municipal Board was engaged in the collection of data and preparation of the voter identity card under the order of Collector, Rudrapur and was busy in the rescue work after natural calamity happ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
