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TMI Blog2012 (4) TMI 325X X X X Extracts X X X X X X X X Extracts X X X X ..... is nothing but misuse of the process of law and hereby dismiss with costs of Rs. 50,000/- and cost of Rs. 25,000/-imposed by the learned Single Judge. - LPA no. 190 OF 2012 - - - Dated:- 7-3-2012 - A.K. SIKRI, RAJIV SAHAI ENDLAW, JJ. L.B. Rai for the Appellant. H.C. Bhatia for the Respondent. JUDGMENT A.K. Sikri, Actg., C.J. The appellant herein appears to be a stubborn litigant who is bent upon harassing respondent No.2, who happens to be none other than the brother of the appellant. The respondent No.2's firm is registered under the Value Added Tax and is filing returns of its sales etc. with the Sales Tax Commissioner, New Delhi. The appellant wanted certain information from the Sales Tax Commissioner in relati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TI Act. The appellant approached the Appellate Authority which also rejected the application. Undeterred, the appellant approached the next authority viz. Central Information Commission (CIC) challenging the orders of CPIO and Appellate Authority. To the dismay of the appellant, it met the same fate as the CIC also was of the opinion that the information could not have been divulged to the appellant inasmuch as no public interest was involved or could be shown/established by the appellant. The CIC, in the process, made scathing observations stating that this case depicts how a weapon designed to ease problems of the citizen is at times being misused and totally abused in the hands of people like the appellant to settle personal scores. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ord of evidence given in the course of any proceedings under this Act, other than proceedings before a criminal Court shall be treated as confidential and notwithstanding anything contained in the Indian Evidence Act, 1872, no court shall, save as aforesaid, be entitled to require any servant of the Government to produce before it any such statement, return, account, document or record or any part thereof, or to give evidence before it in respect thereof. Thus this provision protects and insulates the persons filing such returns and even the Court is not entitled to summon the records except when the proceedings are before a Criminal Court or what is saved under Sub-Section (3) of Section 98 of the Act. Not only this, Sub-Section (2) Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... khand High Court in the case of State of Jharkhand v. Navin Kumar Sinha AIR 2008 Jharkhand 19 and particularly paras 26 and 27 thereof to contend that once the information comes on the public records, the people in general have the right to know that information. However, we observe that the principle laid down in the aforesaid judgment is read totally out of context. It was a case relating to award of tender and the information was sought in respect of documents of various bidders of tender notice. It is trite law that insofar as evaluation of tenders and award of work in connection with public works is involved, the competent authority is to do its exercise in a reasonable and non-arbitrary manner. Such a procedure has to be transpare ..... X X X X Extracts X X X X X X X X Extracts X X X X
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