Remanded

Kamla Lohtia S.D. College v. the Cpio Under Rti, University Grant Commission

Delhi HC6 Feb 2018W.P.(C)/3692/2017

Case brief

AI extract

What is this about?

Single judge held that an order passed by the Central Information Commission directing a petitioner to provide information was unsustainable as it was passed without notice to the affected party and was unreasoned.

What did the court decide?

The impugned order of the CIC is set aside and the matter is remanded to the CIC to consider afresh after giving due notice to all parties.

Kamla Lohtia S.D. College Vs the Cpio Under Rti… — RTI and Transparency | Delhi HC (2018)

¶1

Signature Not Verified Digitally Signed By:AM UL YA

¶2

The petitionerclaims that it is not a "pubUc authority" as defined under Section 2 (h) of the Right to InformationAct, 2005 (hereafter'the Act') and, therefore,is not obligedto provideany informationunderthe Act. 3. It is seen that respondent no. 2 had filed an application dated ^ 23.11.2015 under the Act with the CPIO of respondent no. 1. Certain information had been provided by the CPIO; however, the remaining information(whichthe petitioneris now directedto provideby virtueofthe impugnedorder)was not provided.

¶3

Aggrievedby the same, respondentno. 2 preferredan appeal before the First AppellateAuthority(FAA) under Section 19 ofthe Act, which did not meet with any success. Aggrievedby the same, respondentno. 2 filed the secondappeal under Section19(3) ofthe Act, which was allowedby the impugned order,

¶4

,It is seen fi'om the impugnedorder that it is unreasonedand merely directs the petitionerto provide informationsought at points 2 to 4 of the respondentno. 2's applicationdated 23.11.2015.It is also materialto state that the petitionerwas not a partyto the proceedingsbeforethe CIC.

¶5

The learned counsel appearing for the petitioner submits that the question whether the petitioner is a "public authority" has already been decided by the State Inforaiation Commission, Punjab in Appeal Case No.356/2016,captioned Gunnder Singh vs. Public InformationOfficer, Kamla Lohtia Sanatan Dharm College, Ludhiana and Anr, decided on , 11.08.2016.

¶6

Since the impugned order is passed without hearing the petitioner, which is the affectedparty, the same cannot be sustained.As notice above, the impugnedorder is also bereftof any reasons and the impugnedorder is

¶7

liable to be set aside for this reason as well.

¶8

In view of the above, the impugned order passed by the CIC is set aside and the matter is remanded to CIC to consider it afresh after giving due notice to all the concerned parties including the petitioner.

¶9

The petition and the pending application are disposed of in the

aforesaid terms.

VIBHUBAKHRU,J

FEBRUARY 06,2018

Kamla Lohtia S.D. College v. the Cpio Under Rti, University Grant Commission

Case brief

What is this about?

What did the court decide?

Kamla Lohtia S.D. College v. the Cpio Under Rti, University Grant Commission

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jamia Hamdard Vs South Delhi Municipal Corporation & Anr.

M K Gupta Vs Union of India and Ors.

Shri Kimti Lal Vs Indo Tibetan Border Police Force

S. B. International Vs the Assistant Director, Directorate of Revenue Intellingence and Ors.

Oriental Foundry Pvt. Ltd. Vs Union of India and Ors.

Dr Samir Kumar Das Vs Union of India and Ors.

M/S Bondstreet Hospitality & Events Pvt. Ltd. Vs Sub Divisional Magistrate (S.D.M), & Anr.

Ex. Constable (Driver) Shayam Sunder Vs Lt. Governer (Govt. of NCT of Delhi ) and Ors.

S. B. International Vs the Assistant Director, Directorate of Revenue Intellingence and Ors.

Gurudwara Sri Guru Singh Sabha (Regd) Vs Govt of NCT Delhi & Ors.

Jainson Appliances Vs Commissioner of Industries D.S.I.D.C. & Ors.

Shubhomoy Ray Vs Union of India and Ors.

The Delhi Flour Mills Co. Ltd. Vs Govt. of N.C.T of Delhi and Ors.

Hizbullah Vs Central Information Commission