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Himachal Pradesh High Court · body

2019 DIGILAW 20 (HP)

Himender Kumar v. Chief Information Commissioner

2019-01-02

AJAY MOHAN GOEL, SURYA KANT

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JUDGMENT Surya Kant, C.J. - This order shall dispose of CWPs No. 3003 and 3004 of 2018 as the point in issue raised in both the cases is common in nature. 2. In CWP No. 3003 of 2018, the petitioner assails the order dated 28th March, 2018 passed by the State Information Commission, Himachal Pradesh, only to the limited extent that no cost has been imposed upon the Public Information Officer for the delay in supplying the information to the petitioner, while in the second case (CWP No. 3004 of 2018), he assails another order of the State Information Commission dated 3rd February, 2018 whereby also, the Public Information Officer has been directed to be careful in future on the question of delay in supplying the information and has been advised to be prompt in dealing with RTI. 3. We have heard the petitioner in person and gone through the record including the nature of information sought by him. 4. It appears that the information, for which the petitioner applied for in one case, was not readily available in the record of the Gram Panchayat and was taken out from the Record Room of the Deputy Commissioner Office, Mandi after intervention of the Commission and in the other case, there was some delay in supplying the information on the part of the Public Information Officer. 5. In our considered view, the levy of cost on account of delay in supply of information is the sole discretion of the Information Commission and ordinarily, non-imposition of cost will not be a justiciable act in exercise of writ jurisdiction. It cannot be overlooked that the officials, on whom the cost is sought to be imposed, are not party-respondents by name and in any case, to implead or summon them for the purpose of levy of some cost amount would be too harsh, as they would be required to bear the litigation charges also. 6. We are, thus, not inclined to interfere with the impugned orders except to reiterate the warning given by the State Information Commission that the Public Information Officers need to be careful and prompt in supplying the information which is readily available in the record. 7. With these observations, the writ petitions are disposed of. Pending miscellaneous applications, if any, also stand disposed of accordingly.