Jharkhand High CourtThe State Of Jharkhand Through The ... vs The Jharkhand State Information ... on 22 February, 2016Author:Aparesh Kumar SinghBench:Aparesh Kumar SinghIN THE HIGH COURT OF JHARKHAND AT RANCHI
                    W.P.(C) Case No. 3126 of 2014
     The State of Jharkhand through the Secretary,
     Dept. of Food and Civil Supplies and another
                                              .......         Petitioner
                             Vrs.
     The Jharkhand State Information Commission through
     its Secretary & others                           ..... Respondents

                          .......
      CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
      For the Petitioner        : M/s Rajesh Kumar, Abhijeet Kr. Singh
      For the Respondents       :


3/22.02.2016Learned counsel for the petitioner has assailed the impugned
             order    at   Annexure-8    dated    31.10.2013    passed    by   the    Chief
             Information Commissioner, Jharkhand in Appeal No. 98 of 2012
             imposing an amount of Rs. 50,000/- as compensation in exercise of of
             powers underSection 19(8)B of the Right to Information Act, 2005
             and Rs.10,000/- underSection 20(1)of the same Act as a penalty. It is
             submitted that the impugned order imposing compensation and
             penalty are without compliance of the prescribed procedures and
             without any due notice before imposing such penalty . No inquiry as
             contemplated underSection 18of the Act has been carried out before
             a huge amount of compensation of Rs.50,000/- has been imposed in
             purported exercise of power under Section 19(8)B of the Act of 2005.
             Imposition of penalty underSection 20(1)of the Act to the tune of
             Rs.10,000/- is also without any prior notice. In support of his aforesaid
             contention, learned counsel for the petitioner has relied upon a
             judgment rendered by the learned Single Judge of this Court in the
             case of Meghna Ruby Kachhap Vrs. State of Jharkhand &
             others reported in 2013(4) JBCJ 482.Issue notice upon the respondent no.1 and 3 through registered
             cover with A/d for which requisites etc. must be filed within one week,
             failing which, this application shall stand rejected as against the
             concerned respondents without further reference to the Bench.In the meantime, there shall be stay upon the realization of the
             compensation       and   penalty    imposed   upon    the   petitioner   vide
             impugned order dated 31.10.2013.List this case after service of notice.(Aparesh Kumar Singh, J.)

A. Mohanty