Madhya Pradesh High Court
Dr. P.K. Pippal vs The State Of Madhya Pradesh Thr on 17 October, 2016
1 WP No.4582/2016
(Dr. P.K. Pippal v. State of MP & Others)
17.10.2016
Shri Pawan Dwivedi, Advocate with Ms. Sonal
Mittal, Advocate for the petitioner.
Shri A.S. Rathore, learned Panel Lawyer
for respondents-Stae.
Heard.
Learned counsel for the petitioner submits that though the order has been passed by the State Information Commission in favour of the petitioner directing the authorities to provide necessary information as was sought by the petitioner under the provision as contained in Right to Information Act, yet the said Information is not being provided by the Public Information Officer.
Learned counsel for the petitioner fairly accepts the proposition putforth by this Court that there is a provision for imposition of penalty under Section 20 of the Right to Information Act, 2005 and the petitioner is always free to move an application before the State Information Commission for imposition of penalty for non-compliance of its order. He further fairly submits that the said application is already pending before the State Information Commission.
In view of the aforesaid, this writ petition is disposed of with a direction to the State Information Commission that in case the petitioner files a certified copy of the order being passed today, it shall take a decision in the matter of imposition of penalty on the 2 WP No.4582/2016 (Dr. P.K. Pippal v. State of MP & Others) Public Information Officer for deliberately not providing the information as was directed by the State Information Commission in terms of the provisions as contained under Section 20 of the Right to Information Act, 2005. It is also settled law in the case of Manohar Manikrao Anchule v. State of Maharashtra & Anr. : AIR 2013 SC 681 that the provision relating to penalty or penal consequences has to be construed strictly, therefore the Commission will be within its right to take recourse of the provision of penalty as contained in Section 20 of the Right to Information Act, 2005. Certified copy as per rules.
(Vivek Agrawal)
meh/ Judge.