- 1 - HC-KAR NC: 2025:KHC-D:10900 WP No. 21882 of 2014 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO.21882 OF 2014 (S-RES) BETWEEN: SRI. RAVI S/O. B.MALLIKARJUN REDDY BISARALLI, AGE: 48 YEARS, OCC: PUBLIC INFORMATION OFFICER AND SECRETARY, Z.P.KOPPAL, DIST: KOPPAL-583231. …PETITIONER (BY SRI. CHANDRASHEKAR P PATIL, ADVOCATE) AND: 1. THE STATE INFORMATION COMMISSIONER STATE INFORMATION COMMISSION, GATE NO.2, 2ND FLOOR, M.S.BUILDING, DR.AMBEDKAR ROAD, BANGALORE-560001. 2. SRI. A.BASAVARAJU S/O. SUNKAPPA AMARAPUR, AGE: MAJOR, R/O. BASAVBANU NILAYA, CHANNABASAVA NAGAR, KINNAL ROAD, KOPPAL-583231. …RESPONDENTS (BY SRI. DAYANAND M.BANDI, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDERS DATED 04.03.2014 IN NO:PÀªÀiÁD 6269/2012, 6270/2012, 6272/2012, 6274/2012 AND 6275/2014 PASSED BY THE 1ST RESPONDENT PRODUCED AS ANNEXURE-E, E1 TO E5 Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.01 15:22:01 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10900 WP No. 21882 of 2014 RESPECTIVELY AND A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1, TO CONSIDER THE OBJECTIONS/REPRESENTATIONS DATED 08.05.2014 PRODUCED AS ANNEXURE G, G-1 TO 5 AND CLOSE THE CASES AS RTI INFORMATION WAS FURNISHED ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this writ petition, the petitioner seeks the following reliefs. A. Issue a writ in the nature of Certiorari quashing the orders dated 04.03.2014, in No.:PÀªÀiÁD 6269/2012, 6270/2012, 6272/2012, 6274/2012 and 6275/2014 passed by the 1st respondent produced as Annexure-E, E1 to E5 respectively, B. Issue a writ in the nature of Mandamus directing the Respondent No.1, to consider the Objections/ representations dated 08.05.2014 produced as Annexure G, G-1 to 5 and close the cases as RTI information was furnished etc. C. Issue any other appropriate writ or order or direction as this Hon’ble Court deems fit to grant in the facts and circumstances of the case including an order as to costs. - 3 - HC-KAR NC: 2025:KHC-D:10900 WP No. 21882 of 2014 2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record. 3. Respondent No.2 having been served has chosen to remain unrepresented and not contested the proceedings. 4. A perusal of the material on record will indicate that the petitioner was transferred as Secretary to the Zilla Panchayat, Koppal and reported his duty on 08.04.2013. Prior to the petitioner joining the office of the Zilla Panchayat, Koppal, the 2nd respondent / applicant filed RTI Application under the Right to Information Act, 2005 vide Annexures-A and A1 to A5 dated 12.06.2012, 30.04.2012, 24.03.2012 seeking information and documents. At the time, when the 2nd respondent, applicant filed the RTI application, the petitioner was not working as Secretary of Zilla Panchayat, Koppal. 5. Immediately upon joining the Zilla Panchayat, Koppal and reporting to duty on 08.04.2013, the petitioner was appointed as Returning Officer for the Karnataka State Assembly Elections to the Kanakagiri Vidanasabha Constituency and worked for one month there. However, the pendency of the - 4 - HC-KAR NC: 2025:KHC-D:10900 WP No. 21882 of 2014 cases before the 1st respondent was not brought to the notice of the petitioner who was entrusted additional work as Deputy Secretary to Planning Director, Chief Planning Officer and Deputy Superintendent of Water Purification Plant, due to shortage of hands. In addition thereto, on account of the serious illness of his father, the petitioner applied for leave from 04.06.2013 to 25.06.2013. 6. Pursuant to the RTI Application filed by the 2nd respondent, the petitioner could not appear before the 1st respondent due to the aforesaid reasons and deputed an employee viz., Shivmurthy on 30.04.2013. According to the petitioner, he was under the bona fide impression that Shivmurthy would appear before the 1st respondent – SIC and provide the information sought for by the 2nd respondent, much earlier to the petitioner being transferred as the Secretary of the Zilla Panchayhat, Koppal. It is contended that the petitioner was shocked to know that on 04.03.2014, the 1st respondent passed the impugned order at Annexures-E, E1 to E5 dated 30.04.2013 directing the petitioner to pay Rs.25,000/- as penalty in five cases and Rs.10,000/- in one case and directed the same to be - 5 - HC-KAR NC: 2025:KHC-D:10900 WP No. 21882 of 2014 deducted from the monthly salary of the petitioner. Immediately upon coming to know that his nominee Shivmurthy had not performed the duties assigned to him, the petitioner suspended the said Shivmurthy vide order dated 27.03.2014 to which, the said Shivmurthy submitted a reply vide Annexure-F dated 29.04.2014 admitting that he had not complied with the directions issued by the petitioner and had not attended the aforesaid proceedings and had not furnished the information and documents sought for by the 2nd respondent. Subsequently, after suspension of Shivmurthy, the petitioner has furnished the information and documents sought for by the 2nd respondent and complied with the said request on 08.05.2014 vide Annexure-G and G1 to G5. Aggrieved by the impugned orders, the petitioner is before this Court by way of the present petition. 7. The aforesaid facts and circumstances, clearly establish that apart from the fact that the petitioner was transferred as a Secretary of the Zilla Panchayat, Koppal only as on 08.04.2013, much subsequent to the 2nd respondent filing a RTI Application on 12.06.2012, 30.04.2012 and 24.03.2012, inability and omission on the part of the petitioner to appear - 6 - HC-KAR NC: 2025:KHC-D:10900 WP No. 21882 of 2014 personally before the 1st respondent and offer his explanation and contest the proceedings was due to illness of his father, work pressure and entrustment of additional work due to the Karnataka Assembly Elections, which was conducted in April- May, 2013. It is therefore fact that the petitioner had deputed the aforesaid Shivmurthy who was suspended subsequently for non compliance of the direction issued by the petitioner and having admitted his guilt and dereliction of duty as can be seen from his explanation vide Annexure-F, I am of the considered opinion that the 1st respondent clearly fell in error in passing the impugned orders especially even the petitioner had complied the request made by the 2nd respondent and had furnished the information and documents sought for by the 2nd respondent. 8. As stated supra, the 2nd respondent has been served with notice of the petition and has chosen to remain unrepresented and has not contested the proceedings. In view of the aforesaid facts and circumstances, I am of the view that the impugned orders passed by the 1st respondent are not only contrary to facts and law, but also in violation of principles of - 7 - HC-KAR NC: 2025:KHC-D:10900 WP No. 21882 of 2014 natural justice warranting interference by this Court in the present petition. 9. In the result, the following: ORDER (i) The writ petition is hereby allowed. (ii) The impugned orders dated 04.03.2014 passed in in No.:PÀªÀiÁD 6269/2012, 6270/2012, 6272/2012, 6274/2012 and 6275/2014 passed by the 1st respondent produced as Annexure-E and E1 to E5 respectively are hereby quashed. Sd/- (S.R. KRISHNA KUMAR) JUDGE EM Ct:vh List No.: 1 Sl No.: 4