V.Jayachandran vs State Information Commission
2021 Latest Caselaw 6231 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                       WP(C).No.25639 OF 2020(D)



PETITIONER/S:

                V.JAYACHANDRAN,
                S/O VISHWANATHAN,
                'ROHINI', MUDAVOORPARA, VEDIVECHANKOVIL P.O.,
                BALARAMAPURAM, THIRUVANANTHAPURAM-695501.

                BY ADVS.
                SRI.PHILIP T.VARGHESE
                SMT.ACHU SUBHA ABRAHAM
                SMT.V.T.LITHA
                SMT.K.R.MONISHA
                SMT.SHRUTHI SARA JACOB
                SMT.RAVEENA NAZ
                SHRI.SIDHARTH.R.WARIYAR
                SHRI.EBEE ANTONY


RESPONDENTS :

      1         STATE INFORMATION COMMISSION
                REPRESENTED BY ITS SECRETARY, TC 26/298,
                PUNNEN ROAD, THIRUVANANTHAPURAM-695001.

      2         THE SUPERINTENDENT
                BEING THE APPELLATE AUTHORITY UNDER RTI ACT,
                GOVERNMENT MEDICAL COLLEGE HOSPITAL,
                MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.

      3         THE LAY SECRETARY AND TREASURER
                BEING THE STATE INFORMATION OFFICER,
                MEDICAL COLLEGE HOSPITAL,
                GOVERNMENT MEDICAL COLLEGE P.O.,
                THIRUVANANTHAPURAM-695011.
 WP(C).No.25639 OF 2020       2


      4      DR. SHARMAD M S.,
             THE SUPERINTENDENT BEING THE APPELLATE AUTHORITY
             UNDER RTI ACT, GOVERNMENT MEDICAL COLLEGE HOSPITAL,
             MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.


             SRI M AJAY, STANDING COUNSEL
             SMT SHEEJA SATYAN, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25639 OF 2020              3




                                JUDGMENT

Being aggrieved by Ext.P2 order passed by the Public Information

Officer, the petitioner preferred Ext.P3 appeal before the appellate authority.

However, his appeal was rejected by Ext.P5 order. Being aggrieved, the

petitioner preferred Ext.P6 appeal before the State Information Commission.

The 1st respondent disposed of the appeal by Ext.P13 order holding that the

petitioner is entitled to information sought for as Serial No.3 in the original

application and directions were issued.

2. It is the case of the petitioner that instead of furnishing the

information as ordered, the 2nd respondent furnished incorrect, incomplete

and misleading information. Being aggrieved, the petitioner is stated to have

submitted Ext.P16 complaint seeking initiation of proceedings under Section

20 of the Right to Information Act, 2005.

3. However, the 1st respondent by Ext.P19 order closed the

proceedings after calling for a report from the 2nd respondent and without

hearing the petitioner.

4. The above order is under challenge in this petition.

5. I have heard Sri. Philip T. Varghese, the learned counsel

appearing for the petitioner and Sri. M. Ajay, the learned Standing counsel

appearing for the 1st respondent.

6. The learned standing counsel submitted that it is now noticed

that instead of treating Ext.P16 as a fresh complaint for furnishing false

information, the 1st respondent proceeded as if it is a continuation of the

earlier proceedings and finding that proper information was furnished later,

the proceedings were closed. It is further stated that the petitioner was also

not heard.

In view of the fair stand taken by the learned standing counsel

appearing for the 1st respondent, this writ petition will stand disposed of

quashing Ext.P19 order. The 1st respondent shall reconsider Ext.P16 and

pass fresh orders, with notice to the petitioner and the affected pirates, if

any, expeditiously, at any rate, within an outer time frame of two months

from the date of receipt of a copy of this judgment.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE sru

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 11.05.2018.

EXHIBIT P2 TRUE COPY OF THE REPLY GIVEN BY THE 3RD RESPONDENT NO.G3.10368/2018/GOVMCH DATED 24.05.2018.

EXHIBIT P3 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.06.2018.

EXHIBIT P4 TRUE COPY OF LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 09.07.2018.

EXHIBIT P5 TRUE COPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 21.07.2018.

EXHIBIT P6 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 25.07.2018.

EXHIBIT P7 TRUE COPY OF REPLY SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 16.11.2018.

EXHIBIT P8 TRUE COPY OF LETTER ISSUED BY THE 2ND RESPONDENT TO MR.K SURESH BABU DATED 09.07.2018.

EXHIBIT P9 TRUE COPY OF LETTER ISSUED BY THE 2ND RESPONDENT TO THE DEPUTY POLICE COMMISSIONER DATED 09.07.2018.

EXHIBIT P10 TRUE COPY OF REPLY SUBMITTED BY MR.

K.SURESH BABU TO THE 2ND RESPONDENT DATED 17.07.2018.

EXHIBIT P11 TRUE COPY OF REPLY GIVEN BY THE DEPUTY POLICE COMMISSIONER TO THE 2ND RESPONDENT DATED 16.07.2018.

EXHIBIT P12 TRUE COPY OF THE REJOINDER SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 27.12.2018

EXHIBIT P13 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT IN AP 1819(1)/2018/SIC DATED 27.12.2018.

EXHIBIT P14 TRUE COPY OF THE LETTER NO.G3/10368/2018 ISSUED BY THE 2ND RESPONDENT DATED 02.04.2019.

EXHIBIT P15 TRUE COPY OF REGISTER OF 04.01.2014 FURNISHED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P16 TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 25.06.2019.

EXHIBIT P17 TRUE COPY OF THE REPLY SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 30.10.2019.

EXHIBIT P18 TRUE COPY OF REJOINDER SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 10.12.2019.

EXHIBIT P19 TRUE COPY OF THE ORDER IN AP 1819(1)/2018/SIC PASSED BY THE 1ST RESPONDENT DATED 06.03.2020.

RESPONDENT'S/S ANNEXURES :

ANNEXURE R2(a) A TRUE COPY OF THE PAGE NO.122 DATED 04.01.2014 OF THE IP REGISTER.

ANNEXURE R2(b) TRUE COPY OF PAGE NO.127 DATED 07.01.2014 OF THE IP REGISTER.

ANNEXURE R2(c) TRUE COPY OF PAGE NO.114 DATED 01.01.2014 OF THE IP REGISTER.

ANNEXURE R2(d) TRUE COPY OF PAGE NO.76 DATED 04.01.2014 OF DISCHARGE TRANSFER-IN-TRANSFER-OUT REGISTER.

                                                /TRUE COPY/
                         .                    P.A. TO JUDGE