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2008 (2) TMI 787 - PUNJAB & HARYANA HIGH COURTPenalty - Reasonable cause - whether a State Information Commission could impose penalty under Section 20(1) of the Right to Information Act, 2005? Held that:- As applicant-respondent No. 3 had originally filed application for obtaining information on 16-10-2006 before the petitioner and the information was required to be furnished to him within a period of 30 days as per the provisions of Section 7(1) of the Act. The information was not furnished to him and accordingly he filed an appeal before the Commission which was Second Appellate Authority on 1-2-2006 apparently for the reason that the First Appellate Authority was not constituted. However, the Commission relegated the applicant-respondent No. 3 to the First Appellate Authority and the First Appellate Authority could not furnish information within 30 days and consequently he preferred further appeal. The First Appellate Authority itself was constituted on 2-3-2007 and no first appeal was competent. Moreover, the appeal was filed before the Commission on 20-2-2007 after awaiting period of 30 days from the date of filing the application on 16-10-2006. Even if the period of 90 days is applied which is prescribed for second appeal, the appeal was within limitation. Therefore, the argument raised by the learned counsel cannot, thus, be sustained and the same is also rejected.
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