Kerala High Court
M. Balakrishnan vs The State Public Information ... on 31 May, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 27630 OF 2021
PETITIONER:
M. BALAKRISHNAN
AGED 56 YEARS
S/O.T.T.UNNI, RETD UPPER PRIMARY SCHOOL ASSISTANT,
S.R.U.P.SCHOOL, KUNISSERY, PALAKKAD-678681, RESIDING AT
DHAKSHINE VANDAZHI, PALAKKAD-678706.
BY ADV U.BALAGANGADHARAN
RESPONDENTS:
1 THE STATE PUBLIC INFORMATION OFFICER/SENIOR
SUPERINTENDENT,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MINI CIVIL
STATION, ALATHUR (PO), PALAKKAD-678541.
2 THE APPELLATE AUTHORITY/ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MINI CIVIL
STATION, ALATHUR (PO), PALAKKAD-678541.
3 THE DEPUTY DIRECTOR OF EDUCATION
(D.D.E) CIVIL STATION, PALAKKAD.
4 SHRI K.R.SEETHARAMAN,
PUTHEN GRAMAM, KUNISSERY P.O., ALATHUR, PALAKKAD-
678541.
5 THE STATE INFORMATION COMMISSION KERALA,
PUNNEN ROAD, THIRUVANANTHAPURAM-695001, REPRESENTED BY
ITS SECRETARY.
6 THE MANAGER
S.R.U.P. SCHOOL, KUNISSERY, PALAKKAD-678681.
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
SRI. DHEERAJ A.S. - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.27630 OF 2021
2
JUDGMENT
Dated this the 31st day of May, 2024
The present writ petition has been filed by the
petitioner, who was in-charge as Head Master of S.R.U.P
School, Kunissery, Palakkad, impugning Exts.P21 to P24.
However, the learned counsel for the petitioner submits
that he is confining his prayer against Ext.P23 order,
wherein a penalty of Rs.25,000/- has been imposed on the
petitioner for withholding the information and not
providing the same under the Right to Information Act
and Rules made thereunder, to the 4th respondent.
2. Learned counsel for the 4th respondent submits
that he has got the required information after he filed the
appeal as per the direction issued by the Appellate
Authority. So far as the question of penalty is concerned,
he said that it is up to the court to modify the penalty or
confirm the same.
3. Considering the fact that the petitioner stands
retired from service, the penalty of Rs.25,000/- is
W.P(C) No.27630 OF 2021
reduced to Rs.5,000/-, to be paid within a period of 15
days from today.
With the aforesaid direction, the present writ petition
stands finally disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
W.P(C) No.27630 OF 2021
APPENDIX OF WP(C) 27630/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER
NO.B6/2422/2018/K.DIS DATED 06.09.2018 OF
REJECTION SIGNIFIED BY THE DEO, PALAKKAD.
Exhibit P2 A TRUE COPY OF ORDER IN AP
404(3)/2018/S.I.C DATED 02.04.2019 ISSUED
BY 5TH RESPONDENT.
Exhibit P2(A) A TRUE COPY OF THE ORDER
NO.G/4396/2020/L.DIS DATED 02.03.2021 OF
THE AEO, ALATHUR.
Exhibit P3 A TRUE COPY OF THE APPLICATION DATED
18.07.2018 BY THE 4TH RESPONDENT TO 1ST
RESPONDENT.
Exhibit P4 A TRUE COPY OF THE APPLICATION DATED
03.09.2018 BY THE 4TH RESPONDENT TO 1ST
RESPONDENT.
Exhibit P5 A TRUE COPY OF THE APPLICATION DATED
28.06.2019 BY THE 4TH RESPONDENT TO 1ST
RESPONDENT.
Exhibit P6 A TRUE COPY OF THE APPLICATION DATED
29.06.2019 BY THE 4TH RESPONDENT TO 1ST
RESPONDENT.
Exhibit P7 A TRUE COPY OF LETTER DATED 01.08.2018
ISSUED BY THE 1ST RESPONDENT TO H.M. IN
CHARGE, S.R.P.SCHOOL, KUNISSERY.
Exhibit P8 A TRUE COPY OF LETTER DATED 14.09.2018
ISSUED BY THE 1ST RESPONDENT TO H.M IN
CHARGE, S.R.P.SCHOOL, KUNISSERY.
Exhibit P9 A TRUE COPY OF THE LETTER DATED 02.07.2019
ISSUED BY THE 1ST RESPONDENT TO H.M IN
CHARGE, S.R.P.SCHOOL, KUNISSERY.
Exhibit P10 A TRUE COPY OF THE LETTER DATED 02.07.2019
ISSUED BY THE 1ST RESPONDENT TO H.M IN
CHARGE, S.R.P.SCHOOL, KUNISSERY.
Exhibit P11 A TRUE COPY OF THE LETTER ISSUED BY THE
PETITIONER ON 03.08.2018 TO 4TH RESPONDENT.
Exhibit P11(A) A TRUE COPY OF THE LETTER ISSUED BY THE
PETITIONER 10.07.2019 TO 4TH RESPONDENT.
Exhibit P12 A TRUE COPY OF THE ORDER AP 478(5)/19/SIC
(F.NO.2634/SCI-G7/2019) DATED 30.01.2021 OF
THE 4TH RESPONDENT COMMISSION.
Exhibit P13 A TRUE COPY OF THE ORDER NO.AP
W.P(C) No.27630 OF 2021
2509(5)/19/SIC (F.NO.19311/SIC-G7/2019)
DATED 30.01.2021 OF THE 5TH RESPONDENT.
Exhibit P14 A TRUE COPY OF THE ORDER NO.AP
477(5)/19/SIC (FILE NO.2629/SIC-G7/2019)
DATED 30.01.2021 OF THE 5TH RESPONDENT.
Exhibit P15 A TRUE COPY OF THE ORDER NO.AP
2507/(5)/19/SIC(F.NO.19306/SIC-G7/2019)
DATED 30.01.2021 OF THE 5TH RESPONDENT.
Exhibit P16 A TRUE COPY OF THE LETTER DATED 20.02.2021
ISSUED BY THE HEADMASTER IN CHARGE S.R.U.P
SCHOOL, KUNISSERY TO 4TH RESPONDENT.
Exhibit P17 A TRUE COPY OF THE LETTER DATED 20.02.2021
ISSUED BY THE HEADMASTER IN CHARGE S.R.U.P
SCHOOL, KUNISSERY TO 4TH RESPONDENT.
Exhibit P18 A TRUE COPY OF THE LETTER DATED 20.02.2021
ISSUED BY THE HEADMASTER IN CHARGE S.R.U.P
SCHOOL, KUNISSERY TO 4TH RESPONDENT.
Exhibit P19 A TRUE COPY OF THE LETTER DATED 20.02.2021
ISSUED BY THE HEADMASTER IN CHARGE S.R.U.P
SCHOOL, KUNISSERY TO 4TH RESPONDENT.
Exhibit P20 A TRUE COPY OF THE LETTER DATED 25.02.2021
ISSUED BY THE HEADMASTER IN CHARGE S.R.U.P
SCHOOL, KUNISSERY TO RESPONDENT NO.5.
Exhibit P21 A TRUE COPY OF PENALTY ORDER
AP.NO.477(5)/19/SIC DATED 15.09.2021 BY THE
1ST RESPONDENT.
Exhibit P22 A TRUE COPY OF PENALTY ORDER
AP.NO.477(5)/19/SIC DATED 15.09.2021 BY THE
1ST RESPONDENT.
Exhibit P23 A TRUE COPY OF PENALTY ORDER
AP.NO.2509(5)/19/SIC DATED 15.09.2021 BY
THE 1ST RESPONDENT.
Exhibit P24 A TRUE COPY OF PENALTY ORDER
AP.NO.2507(5)/19/SIC DATED 15.09.2021 BY
THE 1ST RESPONDENT.
