9911796707
TMI Blog2013 (9) TMI 1011X X X X Extracts X X X X X X X X Extracts X X X X ..... ion Act, 2005 (for short 'the Act') was submitted by one Bhuveneshwar Modi seeking various informations relating to the persons who are availing of old age pension. Since the informations sought for was so extensive that it was not possible for the Public Information Officer to provide the same within the statutory period, however, on 14-10-2011 certain informations along with pension verification report were provided to the applicant. The applicant namely, Bhuveneshwar Modi approached the Deputy Commissioner, Giridih seeking a direction for providing information to him and thereafter, he preferred Appeal No. 2672 of 2011 in which by order dated 24-9-2012 a penalty of Rs. 10,000/- has been imposed upon the petitioner, and therefore, the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... original applicant, namely, Bhuveneshwar Modi has not been made a party in the present proceeding and the respondent No. 3, i.e., the Chief Information Commissioner is required to be heard in the matter. 7. Replying to the contentions of the learned counsel for the respondent-State of Jharkhand, the learned counsel appearing for the petitioner has submitted that since the petitioner has challenged the jurisdiction of the Commission to pass the order of penalty in violation of the procedure prescribed under the Act, the applicant is not a necessary party in this matter and the Commission is not required to be heard in the matter as the Commission is a statutory body which functions in the State of Jharkhand and the State of Jharkhand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t been given a response to a request for information or access to information within the time limits specified under this Act; (d) who has been required to pay an amount of fee which he or she considers unreasonable; (e) who believes that he or she has been given incomplete, misleading or false information under this Act; and (f) in respect of any other matter relating to requesting or obtaining access to records under this Act. (2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof. (3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int 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, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of Section 7 or 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 any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re into the letter, it may initiate an inquiry in respect thereof. Sub-section (3) of Section 18 of the Act provides the power of the Commission while inquiring into the matter under Section 18 of the Act. 11. Section 20 of the Act provides that at the time of deciding any complaint or appeal if the Commission forms an opinion that without any reasonable cause, the officer refused to receive an application for information or such information was not furnished within the time specified under sub-section (1) of Section 7 or mala fidely denied the request for information or incorrect, incomplete or misleading information was given or the information which was the subject of the request was destroyed or obstructed in any manner in furnish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 14. In view of the above facts and circumstances, I am of the considered opinion that the impugned order dated 24-9-2012 is liabl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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