1 / 4 2025:CGHC:955 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2229 of 2024 1 - Smt. Jagni Sarthi W/o Sanjay Kumar Sarthi Aged About 40 Years Working As Panchayat Secretary, Gram Panchayat Jamragi (B), Janpad Panchayat Patthalgaon, District Jashpour Chhattisgarh. --- Petitioner(s) versus 1 - Chhattisgarh State Information Commission Through State Infromation Commission, Sector-19, North Block, Nava Raipur Atal Nagar, District Raipur Chhattisgarh. 2 - First Appellate Authority Cum Chief Executive Officer, Janpad Panchayat Patthalgoan, District Jashpur Chhattisgarh. 3 - Akash Bairagahi, R/o Village Post Gobarsiha (Sariya), District Raigarh Chhattisgarh -496554. --- Respondent(s) WPC No. 2233 of 2024 1 - Ku. Meera Yadav D/o Ful Singh Yadav Aged About 52 Years Presently Working As Panchayat Secretary, Gram Panchayat Raghunathpur, Janpad Panchayat Patthalgaon, District Jashpur Chhattisgarh. ---Petitioner(s) Versus AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.14 10:54:35 +0530 2 / 4 1 - Chhattisgarh State Information Commission Through State Information Commission, Sector -19, Norgh Block Nava Raipur Atal Nagar, District : Raipur, Chhattisgarh 2 - First Appellate Authority Cum Chief Executive Officer, Janpad Panchayat Patthalgaon, District : Jashpur, Chhattisgarh 3 - Akash Bairagahi, R/o Village And Post Gobarsiha (Sariya), District Raigarh Chhattisgarh -496554 --- Respondent(s) For Petitioners : Mr. Harish Khuntiya, Advocate For Respondent No.3 : Mr. Dinesh Yadav, Advocate. Hon'ble Justice Shri Bibhu Datta Guru Order on Board 07/01/2025 1. The present petition preferred by the petitioners under Article 226 of the Constitution of India, seeking following reliefs:- In WPC No.2229/2024 “10.1 the Hon’ble Court may kindly be pleased to set aside the order dated 09/10/2023 (Annexure P-1) passed by the State Information Commission. 10.2 Any other relief/reliefs which this Hon’ble Court deems fit and proper may also be passed in favour of the petitioner together with cost of the petition.” In WPC No.2233/2024 “10.1 the Hon’ble Court may kindly be pleased to set aside the order dated 14/12/2023 (Annexure P-1) passed by the State Information Commission. 10.2 Any other relief/reliefs which this Hon’ble Court 3 / 4 deems fit and proper may also be passed in favour of the petitioner together with cost of the petition.” 2. Learned counsel for the petitioners submit that the State Information Commission without properly appreciating the provisions of Section 20 of the Right to Information Act, imposed the penalty upon the petitioners. He submits that the petitioner issued letter to the respondent No.3 to inspect the document as the information is bulky and as per Section 7 (9) of the Act, 2005, the respondent No.3 may inspect the same and the respondent No.3 has been called on 31/01/2022. He further submits that the petitioner submitted her reply that the respondent No.3 was not present on the date of fixed for the perusal of the records, in spite of that, the penalty has been imposed against the petitioner on the higher side without complying the provisions of R.T.I. Act, 2005 vide order dated 09/10/2023 and 14/12/2023. 3. Learned counsel for the respondent No.3 submits that the respondent No.3 is satisfied with the information supplied by the petitioners and their grievance are settled. He further submits that the fact of providing information as sought for, giving acknowledgment in this regard, regarding his satisfaction to the information and further, that the respondent No.3 do not want any action to the complaint, could not be placed before the State Information Commission, which led to passing of the order. 4. Having considered the aforesaid contentions made by learned counsel for both the parties, particularly considering that the respondent No.3/complainant satisfied with the information 4 / 4 supplied by the petitioners, the impugned order (Annexure P-1) dated 09/10/2023 and 14/12/2023 passed by the respondent No.1 are set aside 5. With the aforesaid observation, the petitions stands allowed. SD/- (Bibhu Datta Guru) Judge Amardeep