Yogeshwari D/O Arunrao Paralikar v. State Information Commissioner, Amravati

2025:BHC-NAG:12758 44 WP-2924-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.2924 OF 2020 [Yogeshwari D/o Arunaro Paralikar ..Vs.. State Information Commissioner, Amravati and Others] WITH WRIT PETITION NO.399 OF 2021 [Sagar Narayan Bhagwat and Another ..Vs.. State Information Commissioner, Amravati and Others] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr K. P. Mahalle, Advocate for Petitioner.

Ms R. V. Sharma, AGP for Respondent/State.

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE : 21 st N OVEMBER , 2025 .

1.

Heard Mr. K. P. Mahalle, learned counsel for the petitioners.

2.

By way of the present petitions, the petitioners are challenging the order dated 05.02.2020 passed in RMAAppeal No.AM-1602 of 2017 order dated 19.07.2019 passed in R.M.A. Appeal No.3617 of 2017 by the respondent No.1 - State Information Commissioner, Amravati, whereby a penalty of Rs.20,500/- and Rs.25,000/- respectively was imposed on the petitioners under Section 20(1) of the Right to Information Act, 2005 (for short, "the R.T.I. Act, 2005).

3.

Mr. K. P. Mahalle, learned counsel for the petitioners, submits that the State Information Commissioner, Amravati, imposed a penalty stated supra on the petitioners without giving them any show-cause notice.

44 WP-2924-2020 4.

I have gone through the orders passed by the State Information Commissioner, Amravati, and the documents placed before me. Section 20 of the R. T. I. Act, 2005, provides that before imposing any penalty, the State Information Commissioner should issue notice to the concerned officer and call for an explanation. However, it appears that no such opportunity was given to the petitioners in the present cases.

5.

In view thereof, both the petitions are allowed. The order dated 05.02.2020 passed in RMA-Appeal No.AM-1602 of 2017 and order dated 19.07.2019 passed in R.M.A. Appeal No.3617 of 2017 by the respondent No.1 - State Information Commissioner, Amravati, are hereby quashed and set aside.

6.

In view of the above, both the petitions are disposed of.

(SIDDHESHWAR S. THOMBRE, J.) TAMBE