HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.30762 OF 2023
JUDGMENT : (ORAL)
This writ petition is filed by the petitioner aggrieved by the
action of respondent Nos.4 and 5 in not furnishing information
under the Right to Information Act 2005 without considering her Application dated 22.09.2023 and also Appeal dated 22.09.2023 as illegal, arbitrary, violative of Articles 14, 19 and 21 of the Constitution of India and against the principles of natural justice.
2. The petitioner claims to be legally wedded wife of Mr. Maheshwarapu Rajulu, who is working in the office of respondent No.5 as Reserve Inspector of Police (ID No.2158109) in Battalion - 12, Telangana State Special Police, Anneparthy, Nalgonda District (TSSP). Their marriage was performed on 02.12.2015. It is alleged that respondent No.5 necked out the petitioner from the matrimonial house after giving birth to two children and since then she had been living with her parents. The petitioner lodged a complaint against her husband and his family members in D.V.C. No.5 of 2022 before the learned III Metropolitan Magistrate, Hanumakonda, and the same is pending 2 enquiry. The petitioner also lodged a complaint under Section 498-A of the Indian Penal Code 1860 (IPC) and Sections 3 and 4 of the Dowry Prohibition Act 1961 whereunder charge sheet was filed before the learned IV Additional Judicial Magistrate of First Class, Warangal, in C.C. No.5903 of 2022. The petitioner filed M.C. No.32 of 2020 before the Family Court, Hanamkonda, against her husband seeking monthly maintenance.
3. It is submitted that during hearing of maintenance case, the Presiding Officer asked the petitioner to produce service details and salary certificate of her husband for passing orders for interim maintenance. For the purpose of such information, the petitioner submitted application dated 27.11.2021 under the RTI Act before respondent No.5 for furnishing salary details of her husband. As the application of the petitioner was not acted upon by respondent No.5, the petitioner has preferred appeal on 22.09.2023 before respondent No.4 - the Appellate Authority, Office of the Commandant, Battalion - 12, TSSP, Anneparthy, Nalgonda. Respondent No.4 issued letter in Rc. No.167/G1/2023 dated 11.10.2023 directing respondent No.5 to furnish information to the petitioner. Even after receipt of the said letter, respondent No.5 did 3 not furnish any information to the petitioner, as a result, the petitioner could not effectively pursue her maintenance case and constrained to approach this Court.
4. The learned Assistant Government Pleader for Information and Technology produced copy of G.O. Ms. No.667, General administration (GPM&AR) Department, dated 03.09.2007, and submitted that certain Departments were granted exemption from the purview of the RTI Act in terms of Section 24(4) of the RTI Act which includes Andhra Pradesh Special Police (now Telangana State Special Police - TSSP) as shown at Serial No.5 of the said G.O. It is further submitted by the learned Assistant Government Pleader for Information and Technology that the parties in a maintenance case have to mandatorily submit affidavit disclosing their income as per the judgment of the Hon'ble Supreme Court in Rajnesh v. Neha 1
5. The learned counsel for the petitioner submitted that a request was made by the learned counsel for the petitioner appearing before the trial Court to the concerned Family Court to direct the husband of the petitioner to furnish income details as per 1 (2021) 2 SCC 324 4 the judgment of the Hon'ble Supreme Court in Rajnesh's case (Supra 1), however, the same was not acceded to and the Family Court insisted that the petitioner should get information from the employer of the petitioner.
6. In the circumstances, in view of G.O. Ms. No.667 dated 03.09.2007, whereunder respondent No.5 was exempted from the purview of the RTI Act in terms of Section 24(4) of the RTI Act, this writ petition is not maintainable as the application submitted by the petitioner before respondent No.5 under the RTI Act cannot be entertained. Hence the writ petition is liable to be dismissed. However, whenever an application is filed by the petitioner before the Family Court, Warangal in M.C. No.32 of 2020 for furnishing income particulars of the petitioner's husband, as per the decision of the Hon'ble Supreme Court in Rajnesh's case (Supra 1), such application shall be heard as expeditiously as possible and disposed of within a period of two (2) weeks therefrom directing the husband of the petitioner to furnish his income details.
7. With the above observations, the writ petition is dismissed. No order as to costs.
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As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
______________________ B. VIJAYSEN REDDY, J November 6, 2023.
PV