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2019 DIGILAW 590 (JHR)

Vijay Kumar Singh son of Late Garju Singh v. State of Jharkhand

2019-02-28

ANUBHA RAWAT CHOUDHARY

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ORDER : 1. Heard Mr. Afaque Ahmed, counsel appearing on behalf of the petitioner. 2. Heard Mr. Sanjoy Piprawall, counsel appearing on behalf of Respondent No. 2. 3. Heard Mr. Anuj Verma, counsel appearing on behalf of Respondent-State. 4. Nobody appears on behalf of Respondent No. 3. 5. This writ petition has been filed for the following reliefs:- (A) “For quashing order bearing memo No. 5794 dated 08/03/2016 passed by the Information Commissioner, Jharkhand, Ranchi In Appeal No. 315/14 whereby the petitioner has been awarded penalty of Rs. 25,000/- and has been directed to deposit the said amount in five equal installments in five months @ Rs. 5000/- per month in the District Treasury and provide the certificate of the same to the Commission on the next date of hearing of the said Appeal i.e. on 19/05/16 (as contained in Annexure-15) (B) For holding and declaring that the aforesaid order whereby penalty of Rs. 25000 has been imposed on the petitioner is illegal, unjust and improper and is liable to be quashed by this Hon’ble Court. (C) For any other appropriate relief(s), for which the petitioner may be found entitled in law and equity.” 6. Counsel for the petitioner submits that information involved in this case was provided by predecessor in office of the petitioner vide letter dated 10th December 2013 (Annexure-2) that one Ramnath A/C Food Point and Rest House, Bypass Road, Baralota, near Irrigation Office, Medninagar Palamau has not been issued any license by the Labour Department. 7. The petitioner joined on the post of Labour Superintendent (Agriculture Labour) on 09.07.2014. 8. Thereafter, the proprietor of the said rest house applied for and was registered on 21.01.2016 (Annexure-11/A) under the Department of Labour Employment, Training and Skill Development. 9. Upon receipt of the notice from State Information Commission, the petitioner gave the said information to the Respondent No. 3 vide letter dated 25.01.2016 and also informed the Information Commission through letter dated 25th January 2016 (Annexure-13/A) about the supply of information and that the said establishment had earlier made an assertion that it was falling within the rural area. There is no deliberate withholding of information by the present petitioner though his predecessor may have supplied an information on the available facts at the relevant point of time. There is no deliberate withholding of information by the present petitioner though his predecessor may have supplied an information on the available facts at the relevant point of time. The counsel for the petitioner submits that, despite the aforesaid facts, learned Information Commissioner has by the impugned order dated 8th March 2016 imposed a penalty of Rs. 25,000/- and has asked the petitioner to submit his reply as to why compensation of Rs. 1,00,000/- be not allowed in favour of Respondent No. 3. The counsel for the petitioner submits that if the impugned order is not set aside, the petitioner shall suffer irreparable injury in his service career, if such, penalty is realized from him pursuant to the impugned order. He submits that there has been no fault on the part of the petitioner. 10. Counsel for the petitioner further submits that the information which was sought for by the information seeker is contained in Annexure-1 to this writ petition and in response, he was duly intimated that no license has been issued in the name of Ramnath A/C Food Point and Rest House, Bypass Road, Baralota, near Irrigation Office, Medninagar Palamau. He submits that the information which was given to the applicant at that point of time was correct, as no license was in fact issued in the name of said Restaurant. 11. Counsel for the respondents, on the other hand, is not able to dispute that the information which was furnished vide Annexure-2 to this writ petition, that no license was issued regarding Ramnath A/C Food point and Restaurant Rest House, at that point of time, was correct. 12. Considering the submissions made, this Court finds that the information which was furnished by the predecessor of the petitioner which is contained in Annexure-2 to this writ petition was admittedly correct at the relevant point of time and subsequently said Ramnath A/C Food point and Restaurant Rest House obtained the license. Accordingly, this court is of the considered view that the impugned order of penalty etc. is not sustainable in the eyes of law. In such circumstances, the impugned order contained in Memo No. 5794 dated 08/03/2016 passed by the Information Commissioner, Jharkhand, Ranchi In Appeal No. 315/14 is hereby set aside. 13. Accordingly, this writ petition is allowed.