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2011 (11) TMI 728 - HC - Indian Laws

Issues:
1. Writ petition filed to quash a decision under the Right to Information Act, 2005.
2. Rejection of information request under Section 8(1)(h) of the Act.
3. Competency of the Public Information Officer to challenge appellate orders.
4. Maintaining the exempted category under Section 8(1)(h) of the Act.

Analysis:

1. The writ petition was filed to challenge a decision under the Right to Information Act, 2005. The petitioner, a Public Information Officer at Syndicate Bank, rejected an information request made by respondent No. 2, citing exemption under Section 8(1)(h) of the Act. The request sought details related to accounts, classification status, and notices issued under the SARFAESI Act. The rejection was based on ongoing proceedings for recovery of dues. Subsequent appeals led to the current petition.

2. The rejection of the information request under Section 8(1)(h) was challenged by respondent No. 2 through appeals. The General Manager directed the petitioner to provide more information regarding the One Time Settlement proposal. The final decision by respondent No. 1 favored respondent No. 2, emphasizing the Public Information Officer's obligation to justify denial of information under Section 19(5) of the Act. The court found the information sought did not impede any investigation or prosecution, hence not falling under the exempted category.

3. The court addressed the competency of the Public Information Officer to challenge appellate orders. It clarified that the Officer, while acting in a quasi-judicial capacity, cannot challenge orders passed by appellate authorities. The Officer's role is to handle information requests and provide reasonable assistance, subject to appeals. The court deemed the Officer incompetent to question the appellate authority's decision, stating only the public authority or a party directly affected can challenge such orders.

4. Regarding the exempted category under Section 8(1)(h) of the Act, the court ruled that the information sought by respondent No. 2 did not impede any investigation, apprehension, or prosecution of offenders. Even if the information related to pending disputes before a Tribunal, it did not fall under the exempted category. Consequently, the court dismissed the writ petition, emphasizing that the Officer's role does not extend to challenging appellate decisions, and the information requested was not exempted under the Act.

In conclusion, the court dismissed the writ petition, highlighting the dual role of the Public Information Officer and the inadmissibility of challenging appellate orders. The decision emphasized that the information requested did not impede any investigative or legal processes, thus not falling under the exempted category of the Act.

 

 

 

 

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