2011 (3) TMI 1424 - HC - Indian Laws

Writ Petition By order, the State Chief Information Commissioner has directed the Public Information Officer of the Raipur Development Authority to supply the information in the form of order sheets and note sheets and has also directed certain steps to be taken Held that - direction is completely outside the jurisdiction of the Information Commissioner. The purpose and object of the Act is disclosure of information and not to issue command to public authorities to take action in a given case, having no relation to disclosure of information under the Act. Therefore, to that extent, the order of the Chief Information Commissioner is apparently, in excess of the jurisdiction and authority vested in it under the law, and is therefore, set aside, petition is allowed

Summary

Issues:
1. Legality and validity of the order passed by the Chhattisgarh Information Commission.
2. Exceeding authority by the Chief Information Commissioner in directing the Public Information Officer.
3. Information sought under Section 8(j) of the Right to Information Act, 2005.
4. Mandate of Section 11 regarding disclosure of information.
5. Jurisdiction of the Chief Information Commissioner in directing actions beyond disclosure of information.
6. Rights of information seekers under Section 3 and Section 6 of the Act.

Analysis:

1. The petitioner challenged the order of the Chhattisgarh Information Commission, which directed the Public Information Officer to supply information and take certain steps. The petitioner argued that the Chief Information Commissioner exceeded authority by commenting on the conduct of the Public Information Officer and directing actions beyond the scope of the Right to Information Act, 2005.

2. The petitioner contended that the information sought by the respondent fell under exempted information as per Section 8(j) of the Act, being personal and private with no public interest. However, the court found that the information related to public activity and interest, not falling under the exemption clause.

3. The petitioner also raised concerns about the application of Section 11, which mandates notice to the third party before disclosure of information. The court determined that the order sheets and note sheets did not contain confidential information supplied by a third party, thus not requiring notice to the petitioner.

4. The court emphasized that the right to seek information under Section 3 of the Act is not contingent on reasons or grievances, as long as it complies with the Act's provisions. The obligation to provide information exists irrespective of the information seeker's motives or rights affected.

5. The court found that the Chief Information Commissioner overstepped jurisdiction by directing the Public Information Officer to explain inaction against the petitioner and to take necessary decisions. Such directions were deemed beyond the Commissioner's authority, which should focus on disclosure of information rather than issuing commands for action.

6. Ultimately, the court allowed the petition partially, setting aside the directions of the Chief Information Commissioner that exceeded statutory jurisdiction. The order was declared void in part, emphasizing the Commissioner's role in disclosure of information rather than directing actions unrelated to information provision. No costs were awarded in the judgment.