Single Judge directed petitioner to approach the First Appellate Court regarding supply of incorrect information under RTI Act instead of directly dismissing the appeal. Ordered Commissioner to guide petitioner to re-file before appropriate forum.
Petitioner directed to approach Chairman Nagar Palika Parishad within two weeks.
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Court No. - 36 Case :- WRIT - C No. - 35683 of 2018 Petitioner :- Mahtab Alam Respondent :- State Information Commissioner And 2 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- C.S.C.,Kunal Ravi Singh
Hon'ble Mrs. Sunita Agarwal,J.
Supplementary affidavit filed today is taken on record.
The present petition is directed against the order dated 25.05.2018 passed by the State Information Commissioner, U.P. Lucknow in Appeal No.S 10/2004/A/2017 ( Mahtab Alam Vs. Information Officer/Executive Officer & another) rejecting the second appeal filed by the petitioner on the ground that the informations as required by him were supplied by the Public Information Officer by communication dated 05.03.2018. No objection whatsoever had been taken by the petitioner regarding correctness of the said information before the first appellate authority i.e. the Chairman, Nagar Palika Parishad, Bansi, Siddharth Nagar. The said appeal was filed with the wrong assertion that no information whatsoever had been provided to him.
In paragraph no.4 of the supplementary affidavit filed today, the petitioner again states that no information whatsoever has been given to him on 05.03.2018 or 08.03.2018 as according to him the Anneuxre no.4 to the writ petition, which is letter dated 5.03.2018 is information not related to the queries made by him. Submission of learned counsel for the petitioner is that by means of the application dated 03.04.2017, the petitioner sought information with regard to the allotment of shops being constructed in Jal Kal Compound, situated at Pratap Nagar, Pathra Road, New New Public Inter College, Bansi, District Siddharth Nagar. Whereas, the reply given to him by letter dated 05.03.2018 relates to another premises which is Magh Mela ground.
For the said fact, as is evident from the records, in the opinion of the Court, it would be appropriate that the petitioner may approach the First Appellate court namely Chairman, Nagar Palika Parishad, Bansi, Siddharth Nagar within a period of two weeks from today.
In case, such an application is moved, the Chairman, Nagar Palika Parishad, Bansi, Siddharth Nagar shall be under obligation to scrutinize the records and provide relevant information to the petitioner within the period prescribed under the RTI Act' 2005, failing which, it would be open for the petitioner to take appropriate steps under the Act' 2005.
Disposed of.
Order Date :- 16.11.2018 Himanshu
3 issues framed by the court
Whether information provided contrary to applicant queries warrants mandatory dismissal of appeal rather than guidance to approach first appellate authority.
Whether the State Information Commissioner should have disposed of the appeal directly or directed the applicant to approach the First Appellate authority.
Whether the First Appellate authority is obligated to scrutinize records and provide relevant information upon application by the petitioner.
1 provisions across 1 enactments
Mahtab Alam
State Information Commissioner
Others
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
