Kunja Bihari Patra vs Public Information Officer and Another

The petitioner has sought for quashing of Annexures-3 and 4 and to direct the opp. parties to supply him information free of cost. The case of the petitioner is that he belongs to BPL category and he sent Form-A application dated 8.3.20.10 followed by another application dated 27.4.2010 to the PIO seeking information regarding construction of NH-224 by the National Highways authorities. He also filed a complaint petition dated 20.7.2011 before the Odisha Information Commission-Opp. party No. 2 on the ground that information sought for was not furnished to him by the PIO. The Commission directed the Executive Engineer, National Highways Division, Bhubaneswar to conduct an enquiry and submit a report as to whether the applications of the petitioner were received by the PIO and timely action was taken thereon. The Enquiring Officer reported that both the applications as claimed by the petitioner were not received by the office of the Public Information Officer. Subsequently, the Commission directed the PIO-opp. party No. 1 to intimate the complainant-petitioner within fifteen days to deposit the cost of information and supply information to the complainant-petitioner within seven days from the date of deposit of cost of information and with the said direction the Complaint Case was closed.

Mr. Rath, learned counsel takes notice on behalf of opp. party No. 2.

Heard learned counsel for both the sides.

Perused the documents.

Annexure-1 is the xerox copy of the BPL card which is issued in the name of Kunja Bihari Patra-petitioner. Admittedly, proviso to Sub-section (5) of Section 7 of the Right to Information Act, 2005 stipulates that no fee shall be charged from the persons who are of below poverty line. The petitioner having filed his BPL card showing that he comes under the BPL category, no cost of information can be imposed on him.

Hence, we deem it fit to direct opp. party No. 1 to furnish information as sought for by the petitioner without deposit of any cost therefore.

With the above direction, the writ petition is disposed of. Urgent certified copy of this order be supplied on proper application.