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TMI Blog2013 (9) TMI 1011X X X X Extracts X X X X X X X X Extracts X X X X ..... h. The information sought at serial No. 4 in application dated 19-7-2011 of the applicant would relate to disclosure of name of officers at whose instance financial scam in the country happened. I am of the definite opinion that request for furnishing such informations, is an abuse of the provision contained in the Act and this aspect of the matter has been completely ignored by the Commission while dealing with the present matter. I further find that the petitioner on several occasions, made a request for permitting her authorised representative to appear in the matter and it has been recorded in the impugned order dated 24-9-2012 that on the last date, the petitioner could not appear before the Commission as her daughter was ill. - impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel for the petitioner and respondent-State of Jharkhand. 5. The learned counsel appearing for the petitioner has submitted that the informations sought by the applicant are so extensive that it was not possible to supply all the informations within the statutory period of 30 days. The applicant has sought for such diverse informations which required great efforts for collecting and providing those informations to the applicant. He has further submitted that, in fact the informations sought by the applicant are not in public interest rather, the applicant used to harass public authorities and others on the pretext of seeking informations in public interest. The learned counsel for the petitioner has further submitted that the procedure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be useful to notice the provisions under the Act. Section 18 of the Act deals with power and functions of the Commission and Section 19 provides forum for appeal. Section 20 of the Act deals with penalties. 9. Sections 18 and 20 of the Act are reproduced below : 18. Powers and functions of Information Commission. - (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission as the case may be to receive and inquire into a complaint from any person,- (a) who has been unable to submit a request to a Central Public Information Officer, or State Public Information Officer as the case may be, either by reason that no such officer has been appointed under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ode of Civil Procedure, 1908, in respect of the following matters, namely :- (a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavit; (d) requisitioning any public record or copies thereof from any Court or office; (e) issuing summons for examination of witnesses or documents; and (f) any other matter which may be prescribed. (4) Notwithstanding anything inconsistent contained in any other Act of Parliament, or the State Legislature, as the case may be, the Central Information Commission or the State Informatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c 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 be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of Section 7 of mala fidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding and the next date of hearing was fixed on 8-1-2013. I further find that no inquiry as contemplated under Section 18(2) of the Act was initiated. No finding as indicated under Section 20(1) of the Act has been recorded by the Commission in the impugned order dated 24-9-2012. By the impugned order dated 24-9-2012, a penalty has been imposed and before imposing such penalty, an opportunity of hearing was not given to the petitioner in terms of proviso to Section 20(1) of the Act. 13. Now coming to the facts of the case, I find that the applicant namely, Bhuveneshwar Modi has preferred applications dated 19-7-2011, 27-9-2011 and 24-10-2011 seeking diverse informations. Some of the informations sought by the applicant are definitely neit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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