JUDGEMENT
MEHINDER SINGH SULLAR,J. -
(1.) THE conspectus of the facts, which needs a necessary mention for a limited purpose of deciding the core
controversy involved in the instant writ petition and emanating from the
record, is that Jai Singh son of Atma Ram (respondent No. 2) filed an
application (Annexure P2/T) before the petitioner-State Public
Information Officer (for brevity "petitioner-SPIO")-cum-Sarpanch of
village Silikalan, for seeking information, in regard to the proceeding
book, cash book, lease (Patta) register, saving pass book of bank,
receipt of expenditure, copy of muster-roll from April 2005 to August,
2008, copies of DFC, SGRY records, stock register, grant of HRDF and cash book register by virtue of the provisions of the Right to Information
Act, 2005 (hereinafter to be referred as "the Act"). He has also attached
a postal order bearing No. 41-G-130312 with the application, in lieu of
the required fees. The information was not supplied to him by the
petitioner- SPIO Sarpanch. He (petitioner) arbitrarily demanded the
exorbitant fees from respondent No. 2 in this regard.
(2.) AGGRIEVED by the action of petitioner-SPIO, private respondent filed the first appeal and the Ist Appellate Authority-cum-BDPO (for short
"FAA") directed him (petitioner) to supply the information to respondent
No. 2, vide letter bearing No. 1568 dated 14.11.2008 (Annexure P3/T)
within two days. Petitioner Civil SPIO, instead of supplying the
information, again arbitrarily raised the demand of Rs. 9950/- for giving
the information.
Still aggrieved by the inaction of petitioner-SPIO and order (Annexure P3/T) of FAA, respondent No. 2 filed an appeal. The State Information
Commission (hereinafter to be referred as "SIC"), Haryana accepted the
appeal and directed the petitioner-SPIO to furnish the information to
respondent No. 2 free of charge on receiving the order within 15 working
days, by virtue of impugned order dated 17.2.2009 (Annexure P10).
(3.) AGAIN instead of complying with the order of SIC, petitioner -SPIO filed the instant petition, challenging the impugned order (Annexure P10).;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.