JUDGMENT : 1. Heard Sri Suneel Kumar Tiwari, Advocate and Sri Rudresh, Pandey, learned Counsel for petitioner, learned Standing Counsel for respondent no.1 and Shri Shikhar Anand, learned Counsel for respondent nos.2 and 3. 2. Petitioner has approached this Court against the order dated 16.3.2023 whereby he has been punished by the State Information Commissioner as well as order dated 20.09.2023 whereby his recall application is also rejected. 3. Learned Counsel for petitioner states that after hearing the matter and giving a finding that petitioner has failed to submit the information despite direction of the State Information Commission, a notice was required to be served upon the petitioner that appropriate action would be taken including passing of a punishment order. In the present case, the order impugned herein only contains that petitioner has failed to comply the order and has not furnished explanation with regard to delay in providing information. The same cannot be taken to be a compliance of order passed under Section 20(1) of Right to Information Act. 4. We have perused the impugned order dated 16.03.2023. The said order does not even give a finding that notice was duly served upon the petitioner. Even otherwise, if it is a case where after hearing the parties, the State Commission found that conduct of petitioner was such that some penalty was required to be imposed upon him, in that case, a notice was required to be given to the petitioner. A notice earlier cannot be issued to the petitioner deeming that he would be committing such a mistake. Therefore, the notice issued in the present proceedings is not found to be sufficient. 5. In view thereof, the impugned order orders dated 16.03.2023 and 20.09.2023 to the extent they direct for initiating proceedings for imposing penalty upon the petitioner cannot stand and are set aside. Petitioner is permitted to submit his explanation before the State Commission with regard to the allegations levelled on his part in compliance of the order within a period of two weeks from today. It shall be open for the State Commission to proceed thereafter in accordance with law. 6. The writ petition stands allowed.