- (1.) This order shall dispose of LPA Nos. 744 of 2011 and 745 of 2011 arising out of two separate orders passed by learned Single Judge raising identical question of law.
(2.) In LPA No. 744 of 2011, respondent No. 2-Rajender Verma sought information under the provisions of Right to Information Act, 2005 (hereinafter to be referred as the Act ) in relation to the number of posts available and filled in the cadre of the ASIs/SIs/Inspectors and language stenographers and a copy of the inquiry report sent to ADGP on 9.8.2009. This information was denied by State Public Information Officer, for the reasons that the same is exempt from disclosure in view of the notification dated 29.12.2005LPA No. 744of 2011 issued by the Haryana Government under Section 24(4) of the Act. The appeal was also dismissed by learned first Appellate Authority on 13.2.2009. However, the State Information Commissioner, Haryana accepted the second appeal filed by respondent No. 2 on 16.7.2009. It was specifically pleaded in appeal that the information sought relates to violation of human rights and corrupt practices. It was prayed that information be supplied for eradication of corruption and violations of human rights from the sensitive department of CID. The appeal was allowed and the writ petition against the said order was dismissed. Learned Single Judge returned the following finding: - 11. As is evident from the record that the information sought by respondent No. 2 is general in nature, such as number of posts, occupied, vacant and adjusted between 1989-2003 of ASI/SI and Inspector. He has also sought the copy of inquiry report of complaint sent to Additional Director General of Police of Criminal Investigation Department on 9.8.2008 which related to corruption and human rights violation by the recruitment agency. Taking the nature of the information sought by respondent No. 2 into focus, the argument of State Counsel that the information cannot be supplied in view of the notification, pales into insignificant, particularly when such information pertaining to allegations of corruption and human rights violation are not otherwise covered under the exemption clause of Section 24(4) of Act as urged on behalf of the petitioners.
(3.) In LPA No. 745 of 2011, respondent No. 2 sought information in respect of action taken or suggested against the persons for grabbing and constructing the building illegally on the government land, supply of investigation report of the inquiry team of Shri Narinder ASI of the CM, Flying squad and the information collected by the Inquiry Officer. The information was again declined for the reasons that CID Department is exempt from the provisions of Act in view of the notification dated 29.12.2005. The First Appellate Authority has dismissed the appeal filed. In second appeal before the State Information Commissioner, it was specifically pleaded that to protect the Haryana Government land from illegal hands of land grabbers is a matter of public importance and relates with equality of all citizens before the constitutional and legally constituted authorities and that the question of corruption at the level of District Administration arises. Learned State Information Commissioner allowed the appeal as the matter pertains to one involving the alleged illegal occupation of government land. Learned Single Judge in a writ petitions filed by the State held that the information sought by respondent No.2 pertains to allegation of corruption and against those persons who have illegally constructed buildings on the government land, therefore, such information is not covered under the exemption clause.;