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2025 DAILYLAW 25101 (RAJ)

STATE OF RAJ v. SHRI GORISHANKAR MALU

CW/19603/2015 · 2025-01-22

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:3171] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19603/2015 State Public Information Officer Cum District Collector, Jaipur, Rajasthan ----Petitioner Versus Shri Gorishankar Malu Son Of Shri Ram Prasad, Chodhariyon Ka Mohalla, Narayana, District Jaipur ----Respondent For Petitioner(s) : Ms. Gunjan Chawla for Mr. Neeraj Batra, GC For Respondent(s) : HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 22/01/2025 This writ petition is directed against the order dated 02.01.2015 passed by the Chief Information Commissioner, Rajasthan State Information Commission, Jaipur in appeal no.973/2013 whereby, while directing the petitioner to provide the requisite information to the respondent, a penalty of Rs.25,000/- was imposed. Assailing the order impugned, learned counsel for the petitioner submits that pursuant to the application filed by the respondent under the Right to Information Act, 2005 (for brevity, “Act of 2005”), he was informed vide letter dated 08.10.2012 (Annexure 1) to get the information after depositing the prescribed fee; but, he did not turn up. She submits that the first appeal preferred by the respondent came to be dismissed by the first appellate authority vide judgment dated 18.03.2013 on this count. However, on account of some unavoidable reason and inadvertent error, proper response could not be filed before the second appellate authority resulting into [2025:RJ-JP:3171] (2 of 2) [CW-19603/2015] the order impugned dated 02.01.2015. Inviting attention of this Court towards the letter dated 25.02.2015 (Annexure 4), she submits that pursuant to order dated 02.01.2015, the requisite information has already been supplied to the respondent no.1. In these circumstances, she prays that the maximum penalty awarded to the petitioner may be reduced reasonably. None for the respondent despite service. Heard. Considered. A perusal of the letter dated 08.10.2012 reveals that pursuant to an application filed by the respondent under the Act of 2005, he was informed to collect the requisite information after paying the prescribed fee and the first appeal preferred by him came to be dismissed by the first appellate authority vide judgment dated 18.03.2013 on this very ground. However, on account of negligence on the part of the petitioner before the second appellate authority, vide order dated 02.01.2015, the penalty of Rs.25,000/- was imposed against it. Taking into consideration the contentions advanced by learned counsel for the petitioner and the mitigating circumstances in its favour, such as supply of the requisite information to the respondent no.1 vide letter dated 25.02.2015, this Court deems it just and proper to reduce the maximum penalty to Rs.5,000/-. Compliance be made within four weeks from today. The writ petition is disposed of in aforesaid terms. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J DIKSHA /127