2015 (2) TMI 216

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....;Brief facts of the present case, inter alia, are that respondent No. 2, a practicing Advocate, moved an application on 19-7-2012, Annexure No. 2 to the petition, before the petitioner, herein, who, at the relevant time, was Executive Officer of Municipal Board, Rudrapur, Udham Singh Nagar, to provide certain informations as sought in the application dated 19-7-2012. Undisputedly, informations sought at Sr. Nos. 2 & 3 of the Annexure No. 2 to writ petition were supplied to respondent No. 2, herein, on 2-7-2013. 3. Undisputedly, petitioner, herein, stood transferred from the Municipal Board, Rudrapur in the month of May, 2013. 4. Having received notice from respondent No. 1, the petitioner, herein, filed his reply on 9-9-2013....

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....mation within the time specified under sub-section (1) of Section 7 or mala fidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees : Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him : Provided furt....

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....or information or has not furnished information within the time specified under sub-section (1) of Section 7 or mala fidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request, in that event penalty can be imposed. In the further opinion of this Court, if there was reasonable cause for furnishing the delayed information then Chief Information Commissioner should not impose penalty merely because there was some delay in supplying the information. 8. In the case in hand, first of all, appellant was not present before the Appellate Authority at the time when the appeal was taken up for hearing for the reason he had already re....