Dismissed
M.Srinivasan v. The Tamil Nadu Information Commission
Madras HCWP/5422/2021
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COURT OF JUDICATURE AT MADRAS DATED :…
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2021
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.No.5422 of 2021
M.Srinivasan ... Petitioner
Vs.
PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to call for the records of the impugned order dated 28.07.2020 passed by the first respondent in S.A.No.2272/SCIC/2019, and quash the same to extent of not imposing any penalty, compensation and recommendation for departmental action against the third respondents and further direct the second and third respondent to
(i) to pay of Rs.250 per day from the date of RTI Application upto the date of on which the third respondent furnished substantial information, i.e., 26.10.2018 to 18.02.2020 which works out to be Rs.1,20,000/- (One Lakh Twenty Thousand) i.e., 480 days X 250 per day, and
(ii) pay compensation to the petitioner of Rs.5,000/(Rupees Five Thousand) as loss for filing subsequent appeals and attending hearings before the first respondent as well as Rs.1,00,000/- (Rupees One Lakh) as compensation for the detrimental caused to the petitioner for the mental agony and disruption of peace caused by the action of the second and third
respondent for wilfully and wantonly not furnishing the information to the petitioner and
(iii) to direct the first respondent to recommend departmental action against the second and third respondents for not furnishing the information and to furnish the action taken report to the first respondent; and
(iv) to direct the second and third respondents to provide cost for filing this Writ Petition.
For Petitioner : Mr.M.Srinivasan
Party-in-person
The Writ Petitioner seeks to quash the order passed by the State Information Commission in S.A.No.2272/SCIC/2019, dated 28.07.2020 and for consequential direction to impose penalty and to initiate departmental action against the Public Information Officer.
With the above observation, this Writ Petition is dismissed. There shall be no order as to costs.
Sub Assistant Registrar
asi
To
W.P.No.5422 of 2021
PMK(CO)
CSR 25.03.2021
2 issues framed by the court
Whether the Writ Petitioner is entitled to compensation and penalty after the sought information was already furnished and the Second Appeal disposed of by the Information Commission.
Whether this Court can entertain factual disputes regarding penalty and departmental action when the impugned order has already been decided in the appellate forum.
M. Srinivasan
The Tamil Nadu Information Commission
The First Appellate Authority (Under RTI Act), Member Secretary, Chennai Metropolitan Development Authority
The Public Information Officer, Chennai Metropolitan Development Authority
M. GOVINDARAJ
As recorded by the court registry
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