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Court orders fresh hearing, parties to cooperate, State Information Commission to decide appeal promptly. The court partially allowed the petition, setting aside the previous order and instructing a fresh hearing with proper adherence to the legal provisions. ...
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Court orders fresh hearing, parties to cooperate, State Information Commission to decide appeal promptly.
The court partially allowed the petition, setting aside the previous order and instructing a fresh hearing with proper adherence to the legal provisions. Both parties were directed to cooperate, and the State Information Commission was expected to decide the appeal promptly.
Issues: 1. Whether the petitioners are covered under Section 2(h)(i) of the Right to Information Act, 2005Rs. 2. Whether the first proviso to Section 20(1) of the said Act has been duly followed before penalty was imposed on the petitionersRs.
Analysis:
Issue 1: The petitioners challenged an order by the State Information Commission, arguing they are not covered under Section 2(h)(i) of the Right to Information Act. The petitioners contended that despite appointing an Information Officer and creating an appellate authority, they are not covered as there is no State funding. The respondent argued that the trust received funding from the Central Government's Ministry of Agriculture, making it eligible under Section 2(h)(i). The court left this issue open for the lower authority to decide.
Issue 2: Regarding the first proviso to Section 20(1), the petitioners claimed they were not given a reasonable opportunity to be heard before the penalty was imposed. The respondent argued that the petitioners were aware of the potential penalty when facing the appeal and should have addressed it. The court disagreed, stating that the proviso requires a conclusion on the appeal before penalty consideration. The court cited a Supreme Court case to emphasize the importance of a proper hearing before imposing a penalty. The court ruled in favor of the petitioners, quashing the previous order and directing a fresh hearing with due process, including issuing a show cause notice on penalty and allowing both parties to present their arguments.
In conclusion, the court partially allowed the petition, setting aside the previous order and instructing a fresh hearing with proper adherence to the legal provisions. Both parties were directed to cooperate, and the State Information Commission was expected to decide the appeal promptly.
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