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IN THE HIGH COURT OF JUDICATURE AT PATNA

(CIVIL WRIT JURISDICTION)

C.W.J.C. No. 6584 OF 2023

Rakesh kumar ………………. Petitioner

Versus

The State Information Commission and Ors. ………...Respondents

Statement of Fact on Behalf of Respondent no 4 & 5 :-

1. That I am presently posted as Senior Deputy Collector I/C Jila lok Suchna

Prasakha, Darbhanga and as such well acquainted with the facts and

circumstances of the case.

2. That I have been representing on behalf of respondent no 4 & 5 in the

instant writ application.

3. That I have gone through the contents of the writ application filed by the

petitioner and have fully understood the same.

4. That the statements made in paragraph 1, 2, 3, 4, 7, 9, 12, 13, 14, 15, 16,

23, 24, 26 & 27 of the writ application do not require any reply.
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5. That the instant writ application has been filed for quashing of order dated

23.06.2022 passed by the Chief Information Commissioner in connection

with the Case No. A 4570 of 2022, where the Ld. Chief Information

Commissioner imposed monetary fine of Rs 25000/- on the Public

Information officer cum Circle Officer, Jale, Darbhanga for delay in

providing information to the Respondent No. 6 /Applicant regarding

recovery of monetary fine Rs 25000/- on the then Public Information

officer cum Circle Officer, Jale, Darbhanga and to stay the order dated

23.06.2022 passed by the Chief Information commissioner in connection

with the case No. A 4570 of 2022 during the pendency of the writ

application. The matter was heard on 06.11.2023 by this Hon’ble Court and

after hearing the parties the Hon’ble Court has directed to file the reply.

6. That at the very outset, it is respectfully submitted that the respondent no

4 & 5 has the highest regard of the majesty of this Hon’ble Court for the

order passed by it and is duty bound to comply the order of the Hon’ble

court and in the same, in obedience to and compliance of the order of the

Hon’ble court vide order dated 06.11.2023 passed in C.W.J.C No. 6584 of

2023 , the present counter affidavit is being taken before your Lordship.

7. That in reply to statements made in paragraph 5 of the writ application it is

submitted that the monetary fine of Rs 25000/- was imposed upon the then

Public Information officer cum circle officer, Jale, Darbhanga namely Sri
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Kamal Kumar in connection with case No. A 6334 of 2018 by the Hon’ble

State Information Commission, Patna, Bihar on 20.06.2019.

The Public Information officer cum the then

circle officer Jale Shri Anil Kumar Mishra , vide memo no 1895 dated

24.11.2020 in RTI appeal case A4570/2022 sent the reply to respondent

no. 6 whereby and whereunder it categorically mentioned that the then

circle officer Sri Kamal Kumar was transferred in June 2019 to Ara Sadar

that’s why, whether monetary fine was deposited or not is not known and

again the present CO Jale (Petitioner in this case) vide memo no 2866 dated

19.09.2022 wrote a letter to District Magistrate, Darbhanga that after the

fine was imposed upon the then circle officer Jale, Darbhanga Sri Kamal

Kumar angrily has taken away all the original file relating to the monetary

fine imposed upon in connection with case No. A 6334 of 2018 by the

Hon’ble State Information Commission, Patna, Bihar and during his tenure

i.e. 28.07.2017 to 19.08.2019 whenever he received any letter on this

subject, he used to take it out from post and in this letter petitioner asked

information of transferred place/ house address of the then Circle officer

Sri Kamal Kumar from the District magistrate Darbhanga so that’s why

petitioner was not able to make correspondence with the then Circle officer

Sri Kamal Kumar. It is pertinent to note that Petitioner vide memo no 1525

dated 21.06.2022 wrote letter to First Appeal Cum Addl Collector

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Darbhanga in which petitioner mentioned about memo no 1895 dated

24.11.2020, which mentions about present posting of Shri Kamal kumar to

Ara Sadar , thus the petitioner was fully aware of present posting of Shri

Kamal Kumar.

The Petitioner has not taken any necessary legal desired steps Instead a

complete procedural lapse could be seen on the part of petitioner as neither

he wrote a letter to Ara Sadar to confirm payment of fine nor did he lodged

FIR or Sanha when the official government record is missing from the

office of Petitioner.

Memo no 1895 dated 24.11.2020 & memo

no 2866 dated 19.09.2022, memo no 1525

dated 21.06.2022 has been annexed

herein as Annexure 1 & 1 A, 1 B

8. That in reply to statements made in paragraph 6 & 8 of the writ application

it is submitted on behalf of the respondent 4 & 5 that there is no connection

between respondent no 6 and the then Circle officer Sri Kamal Kumar as

respondent no 6/ Applicant has not been asking any indiscreet and partial

information from the then Public Information Officer.

9. That in reply to statements made in paragraph 10, 11, 17, 18, 19, 20 of the

writ application it is submitted on behalf of the respondent 4 & 5 that there

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was no confusion during hearing of case whereby appellant/ respondent 6

filed form ‘A’ on 02.09.2020 to seek information and second appeal A 4570

of 2022 was filed on 29.09.2021. An order has been passed on 23.06.2022

whereby and whereunder State Chief Information Commission stated that

unreasonable delay has been done by the Public Information Officer cum

Circle Officer Jale, Darbhanga in giving the information that whether

monetary fine recovered which has been imposed upon the then Public

Information Officer cum Circle Officer Jale, Darbhanga Sri Kamal Kumar.

On 23.06.2022, the petitioner himself failed to disclose to State Chief

Information Commission that information was communicated to

respondent no 6 via speed post no RF540163408IN dated 01.12.2020 , thus

it is failure on part of petitioner himself to communicate to State Chief

Information Commission regarding the same & thus SIC passed such an

impugned order. State Chief Information Commission has given the next /

final date of hearing on 13.09.2022 and in meantime the information must

be delivered and if show cause is not submitted by the next hearing fine

shall be imposed.

Memo no 1335 dated 23.06.2022 of

case no A 4570 of 2022 has been

annexed herein as Annexure 2

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On 13.09.2022 final order was passed by State Chief Information

Commission in which commission stated that the last order dated

23.06.2022 has not been complied with. The present petitioner himself is

at fault for not communicating effectively to inform State Chief

Information Commission whether a fine of Rs 25000/- was deposited or

not or whether information sought was communicated to Respondent No-

6 in connection of case no A 6334 of 2018 and also show cause reply was

not given on time by the concerned Public Information Officer.

Memo no 7698 dated 13.09.2022 of case

no A 4570 of 2022 has been annexed

herein as Annexure 2 A.

The first appellate authority cum Additional Collector, Darbhanga

had ordered to Public Information Officer cum Circle Officer Jale,

Darbhanga to present his side by submitting the answer to the show cause

but still the answer to the show cause pertaining to case A4570/2022 was

not submitted as why fine was not deposited even after elapse of one year

eight months.

Memo No. 767 dated 19.07.2022 has been

annexed herein as annexure 2 B.

10. That in reply to statements made in paragraph 21,22, & 25 of the writ

application it is humbly submitted that the submitted copy of order

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transpires the fact that there were sufficient time and opportunities were

given to Public Information Officer cum Circle Officer Jale, Darbhanga to

submit his points and deliver the information to the Appellant /respondent

6 but every time petitioner avoided the order intentionally and deliberately

and there are no violation of petitioner’s rights under Article 14, 16 & 21

of the constitution of India. The submission of the petitioner is contrary to

the correspondence of letter which taking place between the officials. That

the claim of the petitioner is against the record.

Memo No 450 dated 15.09.2020,

Memo No 698 dated 28.12.2020,

Memo no 1699 dated 24.05.2022 of

A 4570 of 2022, Memo No 577

dated 02.06.2022, Memo No 1331

dated 06.12.2022, Memo No 1391

dated 16.12.2022 has been annexed

herein as Annexure 3 Series.

11. That it is further respectfully submitted that the submitted copies of the

correspondence letter between the officials signifies the fact that the

procedural aptitude has been followed by way of providing reasonable

opportunity to the petitioner’s namely Rakesh Kumar of this writ

application.
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Memo No. 1926 dated 20.06.2019,

memo no 466 dated 07.07.2019,

memo no 527 dated 29.7.2019,

memo no 591 dated 21.08.2019 has

been annexed herein as Annexure 4

Series.

12. That it is further submitted that after the various opportunities given to

Shri Kamal Kumar, the then Public Information Officer cum Circle officer

(28.07.2017 to 19.08.2019) to deposit the monetary fine which was

imposed on him in connection with case No. A-6334/2018 by State

Information Commission, he failed to obey the order and deposit the

requisite amount . Meanwhile respondent no 6 again asked information in

this regard through RTI seeking information regarding monetary fine

payment by Shri Kamal Kumar from current Public Information Officer

cum Circle officer(Petitioner) & the Petitioner himself failed to give reply

to the satisfaction of State information Commission in connection with

case No- A 4570 of 2022 resulting in monetary fine of Rs 25000/- on the

petitioner himself.

District Magistrate, Darbhanga vide memo no ……. dated

………wrote a letter to Addl Chief Secretary, Dept of Revenue & Land

Reforms, Govt. of Bihar seeking information of current posting of Shri

Kamal Kumar along with Order to recover the imposed fined amount.
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Memo no ……. dated ……… has been

annexed herein as Annexure 5.

13. That it is further submitted that Senior Deputy Collector I/C Lok Suchana

Prasakha, Darbhanga Vide Memo No 1528 & 1529 dated 06.12.2023 wrote

letter to Circle Officer, Jale referring Memo No. 2866 dated 19.09.2022

whereby and whereunder he ordered to take a legal action and initiate

Certificate Case against the then Circle Officer Shri Kamal Kumar for his

gross Service Misconduct.

Memo No 1528 & 1529 dated 06.12.2023

has been annexed herein as Annexure 6 &

6 A.

14. That in view of the nature and contents of the writ application, paragraph

reply has been filed and the statements not specifically denied may not be

deemed to be accepted and the respondent 4 & 5 craves leave of the

Hon’ble Court to file further counter affidavit, if so required.

15. That the statements made in the counter affidavit are true to my knowledge

and information as derived from the records as well as made by the way of

submission before this Hon’ble Court.

16. That the annexure are true photo copies of their respective originals.

Advocate Senior Deputy Collector I/C Jila lok District Magistrat, Darbhanga
Patna High Court Suchna Prasakha, Darbhanga
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