S.Bhuvaneshwari v. State Information Commissioner

O R D E R Challenge in this writ petition is to the order of the first respondent dated

27.09.2021, in and by which, the petitioner was directed to pay a sum of Rs.10,000/- to the Government Account.

¶2The case of the petitioner is that she is presently working as Executive Officer, Kannampalayam Panchayat, Coimbatore District. The 3rd respondent filed an application on 19.11.2015 under Right to Information At and sought information pertaining to expenditure list of Dhaliyur Town Panchayat. The said application was rejected on 07.12.2025 by the petitioner. The 3rd respondent filed an appeal before the 2nd respondent. On 07.01.2016, the petitioner sent a detailed report to the 2nd respondent . The 3rd respondent also filed a second appeal before the 1st respondent and an exparte order dated

21.04.2016 was passed by the 1st respondent. The Second Appeal Petition was neither served nor furnished to the petitioner by the 1st respondent. The 1st respondent without considering the explanation submitted by the petitioner, has passed the impugned order and imposed penalty on the petitioner and further directed to pay within 30 days to the Government Account. Challenging the same, the present writ petition has been filed. Page3 of 5

¶3The learned counsel appearing for the petitioner submits that before imposing penalty, the 1st respondent did not give any opportunity as per Section 20 of the Right to Information Act and further the 1st Appeal filed by the 3rd respondent is still pending with the 2nd respondent. While entertaining the writ petition on 16.12.2021, this Court directed the petitioner to pay a sum of Rs.5,000/- and the petitioner has also complied with the same. Hence, this Court may reduce the penalty from Rs.10,000/- to Rs.5,000/- and close the writ petition.

¶4in the light of the above, the impugned order passed by the 1st respondent dated 27.09.2021 is modified to the effect that the penalty imposed on the petitioner is modified as Rs.5,000/- instead of Rs.10,000/-. As the petitioner has already paid a sum of Rs.5,000/-, no further orders are necessary. However, the said penalty of Rs.5,000/- will not have any effect on the disciplinary proceedings against the petitioner.

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¶5Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 05-06-2026 Index: Yes/No Speaking/Non-speaking order ssb To

¶1State Information Commissioner Tamil Nadu Information Commission, NO. 2, Thyagaraya Salai Teynampet, Chennai – 18.

¶2Assistant Director of Town Panchayat Coimbatore zone, Coimbatore District. WPoNo.o26082oofo2021 M.DHANDAPANIoJ. ssb WPoNo.o26082oofo2021 and W.M.P.No.o27527oofo2021 05-06-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-06-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP NO. 27527 OF 2021 S.Bhuvaneshwari, Executive Officer, Kannampalayam, Selection grade Town Panchayat, Coimbatore District. (Former Public Information Officer / Executive Officer, Dhaliyur Town Panchayat, Coimbatore District) ..Petitioner(s) Vs 1. State Information Commissioner Tamil Nadu Information Commission, No. 2, Thyagaraya Salai Teynampet, Chennai -18. 2. Assistant Director of Town Panchayat Coimbatore zone, Coimbatore District. 3. K. Parvathi ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, to call for the records in MP 2357 / D / 2016 SA 170 3 / D / 2016 dated 27.9.2021 on the file of the 1st respondent and quash the same insofar as it directs the petitioner to pay a penalty of Rs. 10,000/- to the Government Account. Page2 of 5 For Petitioner(s): Mr.S.Ganesh For Respondent(s): Mr.M.Sivavarthanan, Govt. Counsel for R2