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Bombay High CourtWP/2743/2018allowed

The Central Public Information Officer, Employees Provident Fund Organization, Nagpur v. Central Information Commissioner, Central Information Commission, New Delhi And Another

2025-11-17Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre2 pages

2025:BHC-NAG:12310 11 WP-2743-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.2743 OF 2018 [The Central Public Informatin Officer ..Vs.. Central Information Commissioner and Another] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms S. S. Gadhawe, Advocate for the Petitioner.

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE : 17 th N OVEMBER , 2025 .

1.

Heard learned counsel for the petitioner.

2.

None appears for the respondents though served. 3.

The present petitioner challenges the order dated 29.01.2018 passed by the Central Information Commissioner in CIC/EPFOG/A/2017/114701, whereby a fine of Rs.25,000/- was imposed on the ground that the required information was not supplied within a prescribed period of limitation.

4.

Learned counsel for the petitioner submits that, before imposing a penalty, the Central Information Commission ought to have issued a show cause notice to the petitioner, asking why such penalty should not be imposed. On this count alone, she submits that the order passed by the Central Information Commission is liable to be set aside.

5.

I have gone through the contents of the petition and more particularly, Section 20(1) of the Right to Information Act, 2005, which reads as under :

11 WP-2743-2018 "20. Penalties.

Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information or the State Public Information Officer, as the case may be."

6.

Upon perusal, it appears that no such opportunity was given to the petitioner. In view thereof, present petition is allowed. The order dated 29.01.2018 passed by the Central Information Commission in CIC/EPFOG/A/2017/114701 is hereby quashed and set aside.

(SIDDHESHWAR S. THOMBRE, J.) TAMBE