Rajinder Singh vs State of Haryana and others

Augustine George Masih, J.—Prayer in this petition is for quashing of the order dated 19.06.2008 (Annexure P-9) vide which notice has been issued to the petitioner for showing cause as to why penalty should not be imposed upon him and order dated 24.09.2008 (Annexure P-12) imposing penalty of Rs. 10,000/- for delaying the supply of information to the appellant-complainant.

Placing reliance upon the notification issued by the Financial Commissioner and Principal Secretary to Government of Haryana, Administrative Reforms Department, which indicates that the Public Information Officer with regard to the information pertaining to Panchayat is the Sarpanch of the respective Gram Panchayat, it is submitted by counsel for the petitioner that the petitioner was not the Public Information Officer and the information was to be supplied by the Sarpanch of the village Dakora Tehsil Kosli, District Rewari. He contends that on receipt of the application dated 09.07.2007 from the complainant-applicant, he forwarded the same within a period of three days i.e. 12.07.2007 to the Sarpanch, Gram Panchayat, village Dakora, Tehsil Kosli, District Rewari and the later had to supply information. Delay, if any, was on the part of the Sarpanch and for which the petitioner could not be held responsible nor could penalty be imposed upon him. He contends that the impugned orders which have been passed against the petitioner are based on misconceived assumption that the petitioner was Public Information Officer and thus cannot sustain.

On considering the submissions made by the counsel for the petitioner and on perusing the record, contention of the petitioner''s counsel appears to be correct that the petitioner was not the Public Information Officer and therefore, was not responsible for supplying the information as sought for by the complainant. As the petitioner was not a Public Information Officer rather the Sarpanch of the village was the Public Information Officer as per the the notification dated 16.01.2007 (Annexure P-3), the show cause notice issued to the petitioner and the punishment imposed upon him cannot sustain.

In view of the above, the present petition is allowed. Impugned orders dated 19.06.2008 (Annexure P-9) and dated 24.09.2008 (Annexure P-12) are hereby set aside.