WPC/4183/2024 of PREM CHAND MISHRA Vs CHHATTISGARH STATE INFORMATION COMMISSION on 17 September 2026

1. The petitioner has preferred the present writ petition, seeking the following reliefs:- “10.1 That this Hon’ble Court may kindly be pleased to issue an appropriate writ and set aside the order dated 22.02.2024 and communication letter dated 11.07.2024 (Annexure P/1) as the order, has been passed without affording proper opportunity of hearing to the petitioner, in the interest of justice. 10.2 That the Hon’ble Court may kindly be pleased to grant any other relief which is deemed fit in the circumstances of the case .”

2. Learned counsel for the petitioner submits that the petitioner being the Public Information Officer, had duly informed the information seeker- Aftab Alam (Respondent No. 2) that he could peruse the relevant records and upon perusal thereof, specify the documents required by him, which would be supplied in accordance with law. However, despite being duly informed, the information seeker neither appeared before the office of the concerned Public Information Officer nor appeared before the First Appellate Authority in connection with the proceedings. Consequently, the First Appellate Authority disposed of the appeal stating that upon the information seeker appearing before the concerned authority, the requisite documents would be supplied to him. Learned counsel further submits that thereafter, the petitioner was transferred from the post of Ranger Officer, Wadrafnagar, Forest Division, Balrampur, to the post of Assistant Conservator of Forest, Sitapur, Forest Division, Surguja, District Surguja (C.G.). Consequently, the petitioner was no longer in charge of the proceedings and was not aware of the subsequent developments in the matter. It is further submitted that the petitioner did not receive the notice issued by the Second Appellate Authority, which was received by the subsequent incumbent holding the post of Public Information Officer. It is also submitted that the information sought by Respondent No. 2 has, in fact, already been furnished by the subsequent Public Information Officer. Therefore, in view of the aforesaid facts and circumstances, learned counsel submits that the imposition of penalty upon the petitioner is unwarranted and not in accordance with law.

3. Learned counsel appearing for the Chhattisgarh State Information Commission submits that the petitioner, being the concerned Public Information Officer, was under an obligation to ensure supply of the relevant documents to the information seeker. It is further submitted that even if the petitioner was transferred from the said post, it was incumbent upon him to duly apprise and hand over the relevant records and the status of the proceedings to the incumbent Public Information Officer so as to ensure compliance with the directions issued by the competent authority. However, the petitioner failed to properly communicate the relevant information and status of the proceedings to the subsequent incumbent. Consequently, the requisite information was not furnished within the prescribed manner and having regard to the aforesaid lapse, the penalty has been imposed upon the petitioner in accordance with law.

4. Having heard learned counsel for the parties and upon perusal of the order dated 22.02.2024 passed by the Chhattisgarh State Information Commission, it appears that the information seeker did not appear before the Public Information Officer for the purpose of collecting and perusing the information sought by him. Thereafter, he also did not appear before the First Appellate Authority. Subsequently, the information seeker-respondent No. 2 preferred a second appeal before the Second Appellate Authority and during the pendency of the said appeal, the petitioner was transferred to another place of posting, namely, Sitapur, Forest Division, Surguja, District- Surguja (C.G.). Consequently, the notice issued by the Second Appellate Authority was neither received by the petitioner nor did he have an opportunity to appear before the said authority. In view of the aforesaid facts and circumstances, the imposition of penalty upon the petitioner, without affording him an effective opportunity to appear and explain the circumstances, cannot be sustained.

5. Accordingly, the petition is allowed and the impugned order dated 22.02.2024 passed by the Chhattisgarh State Information

Commission, imposing penalty upon the petitioner, is hereby set- aside. SD/-

(Amitendra Kishore Prasad) Judge AMIT PATEL