MANTIPHRANG LYNGDOH KIRI Vs. PUBLIC INFORMATION OFFICER (P I O)

JUDGEMENT

(1.) Heard Mr. N. Syngkon, learned counsel on behalf of the appellant and Mr. N. Mozika, learned counsel on behalf the respondent No. 1, 3 and 4.

(2.) In the instant appeal the learned appellant challenged the judgment and order dated 11-07-2018 passed in WP(C) No. 216 of 2018 by the learned Single Judge. We have gone through the impugned judgment specifically para 17 and we do not find any infirmity in the said judgment. In support to that, we rely on para 63 of the judgment passed by Honourable Supreme Court in case of Central Board of Secondary Education & Anr. Vs. Aditya Bandopadhyay & Ors. reported in, 2011 8 SCC 497. Para 63 of the said judgment is reproduce herein below:

(3.) On bare perusal of the said judgment we understand that when the information is not available with the concerned office or authority, they cannot be compelled to furnish the information. We specifically rely on the para 63 where the Honourable Supreme Court has observed; "But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulation of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such nonavailable information and then furnish it to an applicant."