Harshal S/O Bhaskar Kalikar v. Charandas S/O Udaram Chavhan And Another

2025:BHC-NAG:12768 45 WP-3561-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.3561 OF 2020 [Harshal S/o. Bhaskar Kalikar ..Vs.. Shri Charandas S/o Udaram Chavhan and Another] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr S. S. Ghate, Advocate for Petitioner.

Mr H. R. Dhumale, AGP for Respondent/State.

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE : 21 st N OVEMBER , 2025 .

1.

Heard Mr. S. S. Ghate, learned counsel for the petitioner. Though the respondent No.1 is served, nobody appeared on behalf of him.

2.

By way of the present petition, the petitioner is challenging the order dated 31.07.2020 passed by the respondent No.2 - State Information Commissioner, Nagpur, whereby a penalty of Rs.25,000/- was imposed on the petitioner under Section 20(1) of the Right to Information Act, 2005 (for short, "the R.T.I. Act, 2005). 3.

Mr. S. S. Ghate, learned counsel for the petitioner, submits that the State Information Commissioner, Nagpur, imposed a penalty stated supra on the petitioner without giving him any show-cause notice.

4.

I have gone through the order passed by the State Information Commissioner, Nagpur, and the documents placed before me. Section 20 of the R. T. I. Act, 2005,

45 WP-3561-2020 provides that before imposing any penalty, the State Information Commission should issue notice to the concerned officer and call for an explanation. However, it appears that no such opportunity was given to the petitioner in the present case.

5.

In view thereof, the present writ petition is allowed. Order dated 31.07.2020 passed by the respondent No.2 - State Information Commissioner, Nagpur, is hereby quashed and set aside.

6.

In view of the above, the present writ petition is disposed of.

(SIDDHESHWAR S. THOMBRE, J.) TAMBE