2025:JHHC:34098 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (S). No. 2060 of 2020 ------- Florence Tirkey, s/o. late Ignace Tirkey, resident of Kharha Toli Mission Colony, Kokar, P.O. G.P.O., P.S. Sadar, District Ranchi. ……….. Petitioner Versus 1. The State of Jharkhand through Secretary, Excise & Prohibition Deptt., Government of Jharkhand, Near New Police Line, Kanke Road, Ranchi-834008. 2. Joint Secretary, Health, Medical Education & Family Welfare Dept., Govt. of Jharkhand, Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi-834002. 3. State Information Commission, Jharkhand State Information Commission, Golchakkar, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 4. Dr. Kumari Sandhya, w/o. not known, Pradhyapak, Anatomy Department (RIMS, Ranchi), P.O. & P.S. Bariatu, Ranchi- 834009. ……….. Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner : Mr. Dilip Kr. Prasad, Advocate For the State : Mr. Harsh Chandra, AC to GP-IV For the JSCI : Mr. Sanjoy Piprawall, Advocate Mr. Rakesh Ranjan, Advocate For the Resp. No. 4 : M/s. Shresha Sinha, Niraj Kumar, B.K. Prasad, Advocates. ---- 15/ 14.11.2025 The instant application is directed against the order dated 31.01.2020 (Annexure-1), whereby this petitioner as Public Information Officer under Right to Information Act (for short ‘RTI Act’) has been punished under Sections 20(1) and 20(2) by asking to deposit Rs.25,000/- and to face departmental enquiry. Further prayer has been made to quash the order dated 13.08.2019, passed by Information Commissioner, Jharkhand in Appeal No. 615/2018 (Annexure-2) 2. Shorn of unnecessary details, one Kumari Sandhya sought information under RTI Act in relation to one Dr. Dharmendra Kumar of his passing departmental examination and its notification. The Petitioner being a Public Information Officer turned down such prayer vide letter dated 20.09.2017, making a disclosure of Section 8(J) of the RTI Act. Thereafter, the petitioner’s services were transferred and he 2025:JHHC:34098 2 was no more in charge of Section 11 on the respective dates when hearing of Appeal No. 615/2018 was being carried out by the Information Commissioner and further, the petitioner was never noticed before passing the order of punishment. 3. The grievance of the petitioner is that while he was posted as Public Information Officer, he refused to give information considering it as exempted under Section 8(J) of the RTI Act. The information seeker filed First Appeal before the Appellate Authority which also affirmed the order passed by the petitioner. Thereafter, the information seeker filed a Second Appeal before the State Information Commissioner and the State Information Commissioner disposed of the appeal filed by the information seeker by directing the concerned respondents to supply the information and also passed an order of penalty against this petitioner without giving any hearing to him. 4. Learned counsel representing the Petitioner draws attention of this Court towards the impugned order, which is at page 18 to the writ application, and. submits that the same is against the 1st proviso of Section 20 of the RTI Act. Accordingly, that part of the order passed by the Information Commissioner be set aside and the Petitioner may be relieved from paying the penalty for the reason that while the Petitioner was posted at a particular place, he refused to give the information and thereafter, he has been transferred to other place and from record it appears that the successor of the Petitioner was called by Information Commissioner before the proceeding but this Petitioner was never called-for and ultimately, while passing the impugned order, the penalty of Rs.25,000/- has been imposed upon this Petitioner, which is certainly against the mandate given in proviso to Section 20 of the RTI Act. 5. Learned counsel for the respondent No. 4, who was the information seeker, fairly submits that though she is not opposed to the penalty part but unfortunately, till date the other part of the order has not been complied, inasmuch as, the information which was sought for by the answering respondent has till now not been handed over to her. 6. Having regard to the aforesaid facts and circumstances of the case, from perusal of Section 20, it appears that it has been especially 2025:JHHC:34098 3 provided that the Central Public Information Officer or the State Public Information Officer shall give a reasonable opportunity of being heard before any penalty is imposed upon him. 7. In the instant case, from bare perusal of the orders dated 26.07.2019 and 13.08.2019, it appears that though the other Officers namely, Om Prakash and Anup Kumar, were called for and they were heard; however, in the impugned order a punishment has been imposed upon the concerned Public Information Officer/Petitioner herein, at the time when information was sought. From the aforesaid it is apparent that, on the one hand, the Petitioner was transferred to another place after refusing the information asked by respondent No. 4 and secondly, the impact of the final order is directly affecting the Petitioner who was never given any hearing. 8. Since the Respondent No. 4 or other Respondents does not oppose to this part of the pleadings and also after going through the provisions of Section 20 of the RTI Act, it is evidently clear that before imposing punishment to any person, he must be given hearing, which has not been done in the instant case. 9. Accordingly, the instant writ application is hereby disposed of by modifying the order dated 31.01.2020 only to the extent that the cost which has been imposed upon this petitioner is quashed and set aside and accordingly, no proceeding will be initiated against the petitioner. 10. It goes without saying that the other part of the order with regard to giving information to the respondent No. 4 is sustained and if the information is not given till date, then the same shall be provided to the respondent No. 4, as early as possible, preferably within a period of 8 weeks from today. 11. Accordingly, the instant writ application stands disposed of. (Deepak Roshan, J.) 14th November, 2025 Kunal Uploaded on 22/11/2025