HC quashes OIC order imposing fine on BSE’s controller of exams

Cuttack: The Orissa high court has quashed the Odisha Information Commission’s (OIC’s) order that imposed a fine Rs 12,750 on a former controller of examinations of the Board of Secondary Education, Odisha, for 51 days’ delay in supplying information to an applicant 13 years ago.
Dr Ardhendu Sekhar Bhol, the controller of examinations from November 13, 2007 to October 1, 2008, had challenged the August 24, 2011 OIC order in the high court the same year.Bhol’s petition was pending till a single judge bench set aside the OIC order on April 5. Justice K R Mohapatra said, “The commission it appears had misread the petitioner’s showcause reply which had clarified that he was not responsible or conferred with the power/responsibility to supply the information sought for. There is nothing on record to show that the information sought for was routed through the petitioner for its supply. In that view of the matter, this court feels that the commission’s order is not sustainable being violative of principles of natural justice and non-consideration of materials on record. Thus, the decision-making process in imposing the penalty on the petitioner is vitiated. As such, the same is set aside so far it relates to imposing the penalty on the petitioner.”
“This court could have remitted the matter to the commission for fresh consideration of the matter complying with the principles of natural justice. But the impugned order was passed on August 24, 2011, and the petitioner has, in the meantime, superannuated from service. Thus, this court refrains from remitting the matter to the commission for fresh adjudication,” Justice Mohapatra further said. The applicant - Prasanna Kumar Mishra - had under RTI sought the answer scripts of history, geography and third language (sanskrit) when Bhol was the controller of examinations.
Bhol had clarified that he was in no way responsible to supply the as he was neither the public information officer (PIO) nor the referral PIO. The entire record from which information was sought for were in the custody of the secretary and the president of BSE. He was only responsible for conducting the exams. There was delay in supplying the answer scripts as the board was handicapped due to its indecisiveness in furnishing the evaluated answer scripts being damaged by rain and waterlogging, Bhol had clarified in his reply to the showcause notice issued by the OIC.