Manipur High Court
Smt. I. Kunjabati Devi vs Manipur Information Commission & 3 Ors on 2 June, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 5-6
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 443 of 2025 with
MC(WP(C) No. 434 of 2025
Smt. I. Kunjabati Devi
.....Petitioner/s
- Versus -
Manipur Information Commission & 3 Ors.
.... Respondent/s
BEFORE
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
02.06.2025
[1] Heard Mr. N. Zequeson, learned counsel for the petitioner.
[2] The petitioner approached this Court being aggrieved by all
orders dated 15.05.2025 passed by the Manipur Information Commission
in Appeal Case Nos. 21, 22 & 24 of 2025.
[3] By the impugned orders, the petitioner herein and others
were directed to disclose information to the respondent No. 4 (RTI
applicant) which contains individual information about employees, other
teaching staff and Students Union and details of the governing body.
[4] Respondent No. 4 herein filed three applications under the
RTI Act, 2005. The first RTI application dated 16.10.2024 submitted to the
SPIO/Director (University & Higher Education), Government of Manipur
requesting to furnish information about the lists of 10 (ten) aided colleges
including the petitioner's college and other details of the information of the
employees with their details of initial date of appointment and other
personal certificates. The second RTI application dated 29.10.2024
submitted to Director (University & Higher Education), Government of
Manipur requesting details of the Students Union from 2016 till date for 20
(twenty) aided colleges including the petitioner's college and the third RTI
application dated 31.10.2024 also requesting for information about the
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recruitment of the employees and staff of 10 (ten) aided colleges including
the petitioner's college.
[5] Respondent No. 4 filed Appeal Case Nos. 21, 22 & 24 of
2025 before the Manipur Information Commission with respect to three
RTI applications. It is submitted that the petitioner is not aware of the
status of the matter before the SPIO or before the first appellate forum. In
these three appeals vide separate orders dated 02.04.2025, the
Commission impleaded Principals of the 5 (five) colleges including the
petitioner's college i.e. Naorem Birahari College, Khundrakpam as
deemed SPIOs and directed to disclose information with respect to
certain queries and directed as deemed SPIOs be to present physically
on the next date along with all relevant records.
[6] In the hearing on 15.05.2025 on all these appeals, the
petitioner represented by a counsel along with others, appeared before
the Information Commission. The counsel for the petitioner submitted that
the information sought for by respondent No. 4, is subjudiced before this
Court in WP(C) No. 341 of 2025 and it may not be proper to disclose at
this stage and sought for some time for filing reply in the pending appeals.
However, by the impugned orders dated 15.05.2025, the petitioner and
others were directed to disclose the information and matter is listed on
03.06.2025 for further proceeding.
[7] Mr. N. Zequeson, learned counsel for the petitioner,
submits that the petitioner is not aggrieved by ex-parte impleadment as
deemed SPIO in the pending appeals but the petitioner is aggrieved by a
direction issued by the Commission to disclose the information ex-parte
when the matter is pending before this Court in other writ petition.
[8] Mr. N. Zequeson, learned counsel for the petitioner, points
out to the contents of the RTI applications where it is stated that some of
the information sought for and personal details of the employees, amount
to third party information and the same cannot be revealed without taking
consent from the third party and also such information are exempted
under Section 81(e) & (j) of the RTI Act, 2005. Learned counsel also
relies on the decision of the Hon'ble Supreme Court in the case of Canara
Bank vs. C.S. Shyam & Anr. reported as (2018) 11 SCC 426 which barred
furnishing of personal information of the employees in an application
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under RTI and the above judgment is also followed by Central Information
Commission in its order dated 08.01.2019 in File No.
CIC/ERAIL/C/2017/115802/SD.
[9] The petitioner prayed for quashing the proceedings in
Appeal Case Nos. 21, 22 & 24 of 2025 pending before the State
Information Commission to the extent relating to the petitioner's college
i.e. Naorem Birahari College, Khundrakpam and for setting aside the
impugned orders dated 02.04.2025 & 15.05.2025 in the appeals confining
to the petitioner herein. As an interim relief during the pendency of the writ
petition, the proceeding against the petitioner be stayed.
[10] Issue notice.
[11] Mr. Th. Sukumar, learned G.A. accepts notice on behalf of
respondent Nos. 2 & 3.
[12] Petitioner is directed to take step with respect to respondent
Nos. 1 & 4 by speed post within one week and file affidavit of proof of
service.
[13] Learned G.A. prays for three weeks' time for filing counter
affidavit.
[14] This Court has perused three RTI applications filed by
respondent No. 4 and on perusal of the same, it is seen that some of the
information relate to the personal information of the employees. This
Court is of the view that it may not proper to disclose the personal
information without obtaining consent from such person to be affected by
the disclosure of the information.
[15] In the circumstances, the proceedings against the petitioner
i.e. with respect to Naorem Birahari College, Khundrakpam in Appeal
Case Nos. 21, 22 & 24 of 2025 pending before the State Information
Commission be stayed till the next date.
[16] List this case on 07.07.2025.
[17] Furnish a copy of this order to the learned counsel
appearing for all the parties by whatsapp.
JUDGE
Kh. Joshua Maring
KH. Digitally signed by
KH. JOSHUA
JOSHUA MARING
Date: 2025.06.02
MARING 17:09:22 +05'30' Page 3
