HAR PAL SINGH Vs. STATE OF U.P. THRU PRIN. SECY. DEPTT. OF ADMINISTRATIVE
LAWS(ALL)-2017-7-50
HIGH COURT OF ALLAHABAD
Decided on July 03,2017

HAR PAL SINGH Appellant
VERSUS
State Of U.P. Thru Prin. Secy. Deptt. Of Administrative Respondents

JUDGEMENT

VIRENDRA KUMAR,J. - (1.) This writ petition has been instituted assailing impugned order dated 15.10.2014 passed by State Information Officer, U.P./opposite party no. 3 whereby Second Appeal No. S3/ 552/C/2010 preferred by petitioner along with a group of total number of 103 second appeals/complaints clubbed together. It is argued by learned counsel for petitioner that despite repeated protest on behalf of petitioner these appeals were finally heard and disposed of.
(2.) It is submitted that the erroneous finding of fact has been recorded with utter cryptic manners as well as against inaction on the part of opposite party no. 1 and 11 while proceedings under Section 17 of the Right to Information Act, 2005 (hereinafter referred to as 'RTI Act').
(3.) It is contended on behalf of petitioner that informations were sought from the concerned authorities by the petitioner in different matters. If the informations would have provided, it would have inter alia exposed corruptions and financial irregularities within department of Irrigation, as well as, in the office of Engineer-in-Chief, Irrigation and Water Resources. It is also submitted that information sought is covered under the RTI Act and none of the information falls within exemption contained in Section 8 and 9 or any other provisions of RTI Act. The petitioner made all efforts by making representation dated 9.2.2016 under Section 17 RTI Act forwarded to his Excellency Hon'ble Governor of State of U.P. to expose corruption prevailed in the working of office of opposite party no. 11. No information have been provided as yet to the petitioner. However, opposite party no. 10 is justifying destructions of application under Section 17 of the RTI Act to prevent Hon'ble Governor of the State of U.P. to notice, initiate or take action, is offence under Sections 175, 204, 466 and Section 34 read with Section 120 and 120B I.P.C. The representation dated 9.2.2016 under Section 17 of RTI Act has been received by opposite parties, which can be demonstrated by records produced by them with letter dated 6.4.2017 in reply to submission of petitioner dated 30.1.2017. On the basis of above mentioned facts, following reliefs have been sought by the petitioner: "i) to issue a writ, order(s) or direction(s) of or in the nature of certiorari quashing the impugned order dated 15.10.2014, passed by the opposite party no. 3, contained in Annexure No.1 to this writ petition; ii) to issue a writ, order(s) or direction(s) of or in the nature of mandamus commanding Opposite Party no. 1 and 11, to the proceeding under Section 11 in motion as well as to setup an Inquiry against, the learned Opposite Party no. 3 in respect of allegations levelled by the petitioner by means of applications/ representations under Section 17 of the RTI Act. iii) to issue a writ, order(s) or direction(s) of or in the nature of mandamus commanding Opposite Party no. 1, to setup an Inquiry against the registry of the Opposite Party no.2, in respect of (a) Misplaced complaint/appeal S33505/ C/2009, is missing, but the Opposite Party no. 3 has ignored the nonavailability of this very important fact (b) delay of more than year in supplying copy of the orders passed in Second Appeal/Complaint No.S3552/ C/2010 by Opposite Party no. 3 in respect of the including impugned order dated 15.10.2014. iv)to issue writ, order(s) or direction(s) of or in the nature of mandamus commanding the opposite parties to furnish the correct information to the petitioner within such time as this Hon'ble Court deems fit and appropriate in the facts and circumstances of the case; v) to issue a writ, order(s) or direction(s) of or in the nature of mandamus commanding Opposite Party no. 1, 8 and 11, to setup an Inquiry in respect of information asked and in respect of what corruptions and financial irregularity are involved into the information sought, within Department of Irrigation as well as within the office of Engineer in Chief, Irrigation and Water Resources. vi)to issue order or direction(s) imposing penalty under Section 20 of the RTI Action the opposite parties for abdicating to proceed in accordance with the RTI Act and the Rules framed thereunder, as also for furnishing incorrect and incomplete information to the petitioner; vii) to issue a writ, order or direction in the nature of quo qarranto to the Uttar Pradesh State Information Commission, that under what authority they are charing fee for supply of orders from information seekers at the Complaint and Appellate stage when the mandate of parliament is otherwise. viii) to issue a writ, order or direction in the nature of quo warranto to the Uttar Pradesh State Information Commission, that under what authority the executive order dated 15.02.2017 has been issued when the mandate of parliament is otherwise. ix)to issue a writ, order or direction in the nature of mandamus commanding the Registry of the opposite party, to start provision of interim and final orders to the complainant(s) and/or Appellant(s) through registered/speed post without charging any cost and if required it may be charged from State Public Information Officer(s); x) to issue writ, order or direction in the nature of mandmus commanding the Registry of the Uttar Pradesh State Information Commission, to uploaded the orders of the Commission immediately after orders are passed and signed on the website of commission." ;


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