Jaydeep Mudgal vs State Information Commissioner ...
2021 Latest Caselaw 9470 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 9554 of 2021
 

 
Petitioner :- Jaydeep Mudgal
 
Respondent :- State Information Commissioner And 3 Others
 
Counsel for Petitioner :- Chandra Prakash Srivastava
 
Counsel for Respondent :- C.S.C.,Kunal Ravi Singh,Vivek Kumar Rai
 

 
Hon'ble Ajay Bhanot,J.

Heard Sri Chandra Prakash Srivastava, learned counsel for the petitioner, Sri Kunal Ravi Singh, learned counsel for respondent No. 1, Sri Vineet Kumar Rai, learned counsel for respondents No. 2 and 3 and learned Standing Counsel.

The petitioner has assailed the order passed by the State Information Commissioner dated 13.01.2021 dismissing the appeal filed by the petitioner.

The impugned order dated 13.01.2021 records a cryptic finding that the appellate authority has perused the information provided by the Public Information Officer. Thereafter the appellate authority opined that the required information has been provided. On this footing the appeal was dismissed.

It is evident that the order passed by the appellate authority is completely bereft of reasons. The legislative intent that guides the Right to Information Act is to ensure transparency in the functioning of all authorities which fall within the ambit of the said enactment. The purpose of the Act will be defeated in case such cryptic orders are passed by the appellate authority which are devoid of reasons. Reason ensure transparency in actions and reflect due application of mind to the relevant issues and material in the record.

The requirement of the appellate authority to provide reasons and its independent conclusions therein is an obligation conferred upon the appellate authority under Section 19 (3) of the Right to Information Act, 2005. Admittedly, in the facts of this case, the appellate authority has failed to discharge its statutory obligation.

The writ petition is being decided finally, since it is based entirely on the reading of the order passed by the appellate authority. It is settled law that affidavit cannot improve the reasoning stated in the order before the Court. Hence no useful purpose will be served by keeping this writ petition pending.

In the wake of preceding discussion the order of the appellate authority is not sustainable in law. The impugned order dated 13.01.2021 is liable to be set aside and is set aside.

The matter is remitted to the appellate authority for fresh consideration consistent with the observations made in this judgment.

The exercise shall be completed with three months from the date of receipt of copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

The writ petition is allowed.

Order Date :- 4.8.2021

Nadeem Ahmad