Writ petition challenging an enquiry notice issued by TNIC was disposed of as the information sought was already furnished and the grievance redressed, rendering no further adjudication necessary on other grounds. The petition was dismissed.
Disposed of; consequential closure of connected miscellaneous petitions; no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28-06-2018
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.8043 of 2014
And M.P.Nos.2 and 3 of 2014
Kamaraj College, Represented by its Principal, Thoothukudi-8 .. Petitioner Vs. 1.The Tamil Nadu Information Commission, No.2, Thiyagaraya Road, Teynampet, Chennai-600 018. 2.Thiru A.Kalaivanan .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned direction dated 12.2.2014 in Case No.31327/Enquiry/C1/2008 issued by the first respondent and quash the same and direct the first respondent to hear the objections of the petitioner.
For Petitioner .. Mr.K.Shakespeare
For Respondent-1 .. Mr.L.P.Maurya for M/s.G.R. Associates.
For Respondent-2 .. Mr.B.Ravi
The impugned enquiry notice, issued by the first respondent in proceedings dated 12.2.2014, is under challenge in this writ petition.
2. On account of the fact that the Information Officer was not present during the enquiry before the Tamil Nadu Information Commission, the Commission issued the notice on 12.2.2014.
3. Now it is brought before the notice of this Court that the enquiry proceedings initiated by the Tamil Nadu Information Commission under the provisions of the Right to Information Act, was concluded and the final order has been passed by the Commission on 28.7.2014.
4. Accordingly, the informations sought for by the applicant was provided and the grievances in accordance with the provisions of the Act, has been redressed. However, the learned counsel, appearing on behalf of the first respondent, informed that with regard to para 8(1) of the order of this Commission dated 12.2.2014, a case has been already filed by Dr.J.Mohanraj, former Public Information Officer/Principal, Kamaraj College, which is pending before this Court, wherein the orders of the Commission calling for his explanations have been stayed. As such, the question of imposing penalty in this regard will be taken up after the final disposal of that case by this Court in WP No.8043 of 2014.
5. It is needless to state that the proceedings already commenced in this regard by the Commission has to reach its logical conclusion. The Commission has to proceed the said enquiry in accordance with the provisions of the Right to Information Act and by providing opportunity to all the parties concerned. In respect of the grievances of the writ petitioner, the information had already been furnished and thus, no further adjudication needs to be entertained in respect of the other grounds raised in this writ petition.
6. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
Sd/Assistant Registrar(CS-IV)
//True Copy//
Sub Assistant Registrar
To
The Tamil Nadu Information Commission, No.2, Thiyagaraya Road,
Teynampet,Chennai-600 018.
+ 1 cc to MR.K.Shakespeare, Advocate Sr.41718
+ 1 cc to M/s. G.R. Associates, Advocate Sr.41650
W.P.No.8043 of 2014
(CS-IV) EU(10/07/2018 )
2 issues framed by the court
Whether the writ petition seeking quashing of the TNIC enquiry notice requires further adjudication when information has already been furnished and proceedings are concluded.
Whether the grievances in the writ petition need to be entertained since the information was already provided to the parties.
Kamaraj College
Tamil Nadu Information Commission
A.Kalaivanan
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
