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TMI Blog2011 (3) TMI 1424X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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 - 4279 of 2008 - - - Dated:- 17-3-2011 - Manindra Mohan Shrivastava, J. REPRESENTED BY : Shri Kshitiz Sharma, Counsel, for the Petitioner. S/Shri Shyam M. Tekchandani, Pankaj Agrawal and Yogesh Pand, Counsels, for the Respondent. [Order (Oral)]. - Writ Petition under Article 226 of the Constitution of India. This petition has been filed by the petitioner assailing legality and validity of order dated 31-5-2008 (Annexure P-1) passed by the Chhattisgarh Information Commission, Raipur. By the impugned order, the State Chief Information Commissioner ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pted information as specified under Section 8(j) of the Act. Learned counsel for the petitioner submitted that contents of the three applications, which have been placed on record, show that the respondent No. 4 has been seeking information, which are purely personal and private and has no connection whatsoever with the public activity or interest. C. That in any case, the information which were sought by respondent No. 4 were those, which related to the petitioner or in any case, supplied by the petitioner to the Development Authority, and therefore, mandate of Section 11 required the Public Information Officer or the appellate authority to issue notice to the petitioner before ordering disclosure of such information. D. That the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory as specified in Section 11 of the Act, and therefore, no notices were required to be issued to the petitioner. He further submits that the other directions given by the Chief Information Commissioner are only to be treated as direction for disclosure of information and not to be treated as any direction to take any action against the petitioner. He lastly submits that the right to seek information under Section 3 of the Act is not qualified on any considerations with regard to locus or grievance. He submits that under the provisions of Section 6 of the Act, he is not required to state any reason nor he has required to disclose as to whether any of his rights are affected, due to which, such information is required. 6. The three applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in relation to those categories of information, which are personal, the disclosure of which has no relationship to any public activity or interest or which would cause unwarranted invasion of the privacy of the individual. The disclosure of order sheets and note sheets of a public authority with regard to various action taken by it, cannot be said to be a matter relating to personal information of the petitioner, having no relation to any public activity or interest. Moreover, it cannot be said that the disclosure of note sheets of the public functionary with regard to whatsoever activity it has undertaken in its capacity as such, would cause unwarranted invasion of the privacy of the petitioner. In any case, such exemption is not absolute, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e applications, which have been placed on record as Annexure-A to C, I do not find that there is any information sought by the respondent No. 4, which is of the nature as contemplated under Section 11 of the Act, though the order of the Chief Information Commissioner is merely confined to disclosure of order sheets and note sheets after the order of the Court. Therefore, the submission made by learned counsel for the petitioner, in that regard, also fails. 9. The provisions of Section 3 of the Act state that subject to the provisions of the Act, all citizens shall have the right to information. If the same is read along with Section 6 of the Act, it would be clear that in order to seek disclosure of information, an information seeker is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and communicate final decision to the petitioner. This 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. The directions of the Chief Information Commissioner in its order dated 31-5-2008 to that extent are void and incapable of taking any effect under the law. 11. In the result, this petition is allowed in part to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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