2013 (11) TMI 1533

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....med in this regard to respondent No. 2. 4. It is further case of the petitioner that, respondent No. 2 instead of filing first appeal before the first appellate authority, chosen wrong remedy and filed appeal before respondent No. 1 by way of filing second appeal and prayed for issuance of necessary directions against the petitioner for providing the required information. 4. The petitioner herein, appeared in the said proceedings on 27-3-2012- and filed his reply stating therein that, information which is sought pertains to concerned Talathi and BDO, therefore, the petitioner is not responsible for not providing required information to respondent No. 2. It is further case of the petitioner that, first appellate authority i.e. Tahasildar, Chalisgaon on 23-3-2012 filed his say in the second appeal thereby denying first appeal filed by respondent No. 2 before him. It is further case of the petitioner that, respondent No. l without considering submissions made by the petitioner as well as respondent No. 2, allowed the appeal of respondent No. 2 directing to provide required information by imposing heavy penalty. 5. The petitioner on 5-6-2012, after passing order....

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....er Talathi nor B.D.O., are held responsible by the second appellate authority and penalty is imposed upon the petitioner who is no way concerned or does not possess information as sought by respondent No. 2 by way of filing application on 30-11-2010. It is further submitted that, respondent No. 1 has not considered the provisions of Section 5(4) and (5) of the said Act. It is submitted that, respondent No. 1 has not granted reasonable opportunity of hearing to the petitioner under Section 21 of the said Act before imposing heavy penalty. The Counsel appearing for the petitioner relying upon sub section (4) and (5) of Section 5 of the said Act submits that, in the facts of the present case, assistance was sought from Talathi in respect of information about revenue record and in respect of panchayat from B.D.O., in that case in view of mandate of aforesaid provisions, said officers are required to be treated as State Public Information Officer. The Counsel for the petitioner relying upon the extract from the Register maintained by the office under R.T.I. Act to receive application, forward the same to appropriate officer and further to supply information, submits that application was....

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.... requesting for an information, - (i)      which is held by another public authority; or (ii)     the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer :           Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case latter than five days from the date of receipt of the application." 10. Upon careful perusal of Section 6 of the said Act, when any application is filed by the person who desires to obtain any information under the Right to Information Act, has to make request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed. In the facts of the present case, it is not in dispute that the office of the petitioner did r....

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....ounsel for the petitioner is that, B.D.O. and the concerned Talathi are responsible for furnishing information as sought by respondent No. 2 is concerned, the second appellate authority upon considering material placed on record has observed thus :  (Underlines supplied). 14. Therefore, upon careful perusal of observations/reasons recorded by respondent. No. 1, it appears that, even the petitioner could have furnished information as sought by respondent No. 2. This finding recorded by the respondent No. 1 is based upon the material placed on record. 15. The contention of the petitioner that, since the petitioner was not responsible to supply information and in absence of fastening liability on the B.D.O., and Talathi., no penalty could have been imposed upon the petitioner, deserves no consideration since penalty is imposed after recording finding that, even the petitioner could have supplied the said information, however, he tried to avoid to furnish such information as applicable to Service Tax prayed by respondent No. 2 in his application dated 30-11-2010. It further appears that, not only that, the second appellate authority has adverted to the written d....

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....¹à¤¾à¤§à¤¿à¤•à¤¾à¤°à¥€ कार्यालाचे पत्र त्यांच्याकडे आढळून आले नाही असे तहसिलदार यांनी सांगितल्यावरून त्यांना समज देण्यात येते की, त्यांनी माहितीच्या अधिकरा अंतर्गत अर्जाबाबतची कार्यपध्दती उचितरीत्या सुधारावी व भविष्यात उचित काळजी à¤....

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....वासी नायब तहसीलदार उपलब्ध करून देवू शकतात त्यामुळे मुद्या क्रमांक १ व २ ची माहिती न पुरविणे ही निवासी नायब तहसिलदार यांची टाळाटाळ करण्याची वृत्ती दशविते. सुनावणी दरम्यानच्या एकंदर उत्तरे देण्याची पध्दतीवरून निवासी नायब तहस....

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....¥ƒà¤§à¥à¤¦ गृहस्थ आहेत. जन माहिती अधिकारी हे सदर विलंबासाठी कोणतेही समर्थनीय कारण सांगू शकलेले नाहीत त्यामुळे त्यांच्यावर - अधिनियमातील कलम २० (१) नूसार रक्कम रुपये २५,०००/- ची शास्ती लादण्यात येत आहे. त्यांनी या रकमेचा भरणा ००७० इतर प....