- 1 - HC-KAR NC: 2026:KHC:30270 WP No. 38605 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 38605 OF 2017 (GM-RES) BETWEEN: THE PUBLIC INFORMATION OFFICER & MEMBER SECRETARY, KARNATAKA STATE POLLUTION CONTROL BOARD, NO.49, PARISARA BHAVAN, CHURCH STREET, BANGALORE-560 001. …PETITIONER (BY SRI. JEEVAN J NEERALGI.,ADVOCATE) AND: 1. WING COMMODORE G B ATRI (RETD), MAJOR 52, "DHATRI'' 3RD CROSS, SARSWATPURAM, BANNERGHATTA ROAD, BANGALORE-560 076. 2. THE PUBLIC INFORMATION OFFICER CHIEF SECRETARY, GOVT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560 001. 3. THE SECRETARY TO GOVERNMENT FOREST ECOLOGY AND ENVIRONMENT, M.S.BUILDING, BANGALORE-560 001 …RESPONDENTS (BY SRI. SRINIVAS KUMAR., HCGP FOR R3; R1-SERVED) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30270 WP No. 38605 of 2017 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 07.07.2017 PASSED BY THE KARNATAKA INFORMATION COMMISSION VIDE ANNEX-M. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Allegation against the petitioner is that the information sought for by the private respondent under the provisions of the Right to Information Act, 2005 were furnished after expiry of 18 months from the date of application, resulting in the impugned order dated 07.07.2017 seeking to impose penalty of respondent No.3-Secretary as per Annexure-M. 2. Learned counsel for the petitioner submits that the Office of the petitioner received the application seeking information only on 05.07.2014 and the information sought for were furnished on 19.07.2014. Since the said information were received by the private respondent personally, the same was not sent through the post. An appeal in the meanwhile was filed alleging delay in furnishing the information, as a matter of abundant caution petitioner furnished information sought once again on 14.09.2015. - 3 - HC-KAR NC: 2026:KHC:30270 WP No. 38605 of 2017 This has not been accepted by the Karnataka Information Commission, resulting in the impugned order as per Annexure-M. 3. Learned counsel for the petitioner further submits that if liberty is reserved to furnish the proof of petitioner having served the information sought for on 19.07.2014, instant purpose of the present petition will be served. 4. Heard and perused the records. 5. Annexure-L is the cause shown by the petitioner herein to the show cause note issued by the Karnataka Information Commission, alleging delay in furnishing the information sought for by the private respondent. 6. Record reveals that the application seeking personal information was made by the respondent No.1 on 28.02.2014, addressing the same to the respondent No.2-Public Information Officer. That the respondent No.2 appears to have forwarded the said application to respondent No.3 on 05.03.2014, who in turn though seemed to have forwarded the same to the petitioner by a covering letter dated 18.03.2014. It is contented that the same was received in the Office of the petitioner only on 05.07.2014 and the information containing 129 pages were furnished - 4 - HC-KAR NC: 2026:KHC:30270 WP No. 38605 of 2017 personally to the private respondent on 19.07.2014 without any delay. In the meanwhile, private respondent had filed an appeal alleging delay and non-compliance with the requirement of law. Showcase notice was issued to which, reply as per Annexure-L as noted above was issued. Unnumbered para No.2 of the said reply notice indicate that the petitioner herein had furnished information sought for by the private respondent running into 129 pages personally on 19.07.2014. An endorsement in this regard was also made by the private respondent, a copy of which was enclosed along with the reply to show-cause notice. 7. Since allegation of the said information not having been sent through post was made, as a matter of abundant caution, the petitioner seemed to have furnished yet another set of the copy which was on 14.09.2015. 8. Vehement submission of the learned counsel for the petitioner is that, it is this information which was furnished subsequently on 14.09.2015, has been taken into consideration by the Karnataka Information Commission and not the one which was personally furnished on 19.07.2014 resulting in the impugned order. - 5 - HC-KAR NC: 2026:KHC:30270 WP No. 38605 of 2017 9. In the light of the aforesaid defence raised by the petitioner, this Court deems it appropriate to allow the present petition with the following: ORDER (i) Petition is allowed. (ii) Impugned order dated 07.07.2017 as per Annexure-M is hereby quashed. (iii) Liberty is reserved to the petitioner to furnish the details of the information personally supplied to the private respondent on 19.07.2014 as contented at unnumbered para No.2 of the Annexure L dated 24.03.2017. (iv) Such information shall be furnished before the Karnataka Information Commission within 30 days from the date of receipt of certified copy of this order. Upon furnishing of such information, the Commission shall pass appropriate order within an outer limit of 30 days thereafter. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 7