Public Information Officer vs The State Information Commission
2023 Latest Caselaw 8929 Ker

WP(C) NO. 15163 OF 2013
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
      MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                         WP(C) NO. 15163 OF 2013
PETITIONER:

            PUBLIC INFORMATION OFFICER
            THE KERALA PUBLIC SERVICE COMMISSION,
            DISTRICT OFFICE,THRISSUR.
            BY ADV SRI.P.C.SASIDHARAN, SC, KPSC


RESPONDENTS:

     1      THE STATE INFORMATION COMMISSION
            KERALA,THIRUVANANTHAPURAM,
            REPRESENTED BY ITS SECRETARY.-695001
     2      RAJAPPAN.M.S
            MANAYIL,CHEPPANAM,PANANGAD.P.O,
            ERNAKULAM DISTRICT.-680665

     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15163 OF 2013
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                                MOHAMMED NIAS C.P.J
                        ......................................................
                              WP(C)No.15163 of 2013
                           ..............................................
                      Dated this the 14th day of August, 2023


                                        JUDGMENT

The Public Information Officer, Kerala Public Service Commission,

District Office, Thrissur, challenges Ext.P10 order, which directed the State

Public Information Officer, one George Joseph, (as is seen from Ext.P2) to

pay a fine of Rs.25,000/- for not finishing information as required under the

Right to Information Act. This writ petition is preferred by the Public

Information Officer and not by George Joseph. It is to be seen that Ext.P10

is an order against the person who violated the provisions of the Act and it

is for him to challenge Ext.P10, if he so chooses. The writ petition at the

instance of the Public Information officer, Kerala Public Service

Commission, District Office cannot be maintained. Accordingly, the writ

petition is closed without prejudice to the right of the said person to

challenge Ext.P10 order, if so advised.

The writ petition is closed accordingly.

Sd/-MOHAMMED NIAS C.P.

JUDGE

dlk 14.8.2023 WP(C) NO. 15163 OF 2013

APPENDIX OF WP(C) 15163/2013

PETITIONER'S EXHIBITS EXHIBIT-P1 TRUE COPY OF THE REQUEST MADE BY THE 2ND RESPONDENT DATED 22/09/2011 EXHIBIT-P2 TRUE COPY OF THE REPLY DATED 12/10/2011 EXHIBIT-P3 TRUE COPY OF THE APPEAL PREFERRED BY THE 2ND RESPONDENT DATRED 20/10/2011 EXHIBIT-P4 TRUE COPY OF THE COMMUNICATION ISSUED IN THIS REGARD DATED 05/11/2011 EXHIBIT-P5 TRUE COPY OF THE COMMUNICATION DATED 31/12/2012 RECEIVED IN THE OFFICE OF THE COMMISSION ON 16/01/2013 EXHIBIT-P6 TRUE COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DATED 25/01/2013 EXHIBIT-P7 TRUE COPY OF THE DETAILS FURNISHED TO THE 2ND RESPONDENT EXHIBIT-P8 TRUE COPY OF THE NOTICE DATED 28.2.2013. EXHIBIT-P9 TRUE COPY OF THE REPLY WAS GIVEN BY THE THEN PUBLIC INFORMATION OFFICER.

EXHIBIT-P10 TRUE COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DATED 09/04/2013.