PANJIM: The High Court of Bombay at Goa has upheld penalties imposed by the Goa State Information Commission (GSIC) on former Colva panchayat secretary, Amol Tilve, for delays in providing requested information to Nevil Furtado of Sernabatim-Colva.
Tilve had filed three separate petitions challenging GSIC’s orders that imposed penalties of Rs 5,000, Rs 3,000, and Rs 3,000 respectively. He argued that the penalties violated principles of natural justice, as he claimed to have not received adequate hearings before they were imposed. Tilve also emphasised the penalties’ imposition during the Covid-19 pandemic and argued that the GSIC did not consider this significant circumstance.
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Advocate Anthony D’Silva, representing Tilve, contended that the information requested by Furtado was vague and resembled a fishing expedition, which explained the delays in providing the information. D’Silva further claimed that the GSIC had exceeded its jurisdiction in imposing the penalties.
However, Ms. S Nishad defended the penalties, citing the detailed affidavit filed on behalf of the respondent and highlighting delays at various stages of the process. She pointed out that despite orders from the First Appellate Authority, no information was furnished until after the GSIC imposed penalties on Tilve.
Upon reviewing the GSIC’s orders, Justice Mahesh S Sonak found no grounds for interference under Article 227 of the Constitution.
The records indicated that the respondent’s information request had not been addressed within the prescribed timeline established by the Right to Information (RTI) Act. While the first appeal had been allowed, Tilve had not complied with the directive to provide the necessary information.
The Court directed Tilve to pay the penalty amounts, if not already paid, to Furtado within four weeks of the order’s date. Additionally, Tilve was instructed to file a compliance report. Consequently, the Court dismissed all three of Tilve’s petitions, upholding the penalties imposed by GSIC.
