Public Information Officer ... vs Radhe Shyam Jangid Son Of Shri ...
2021 Latest Caselaw 3328 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 7998/2021

Public Information Officer (Pio)-Cum-Deputy Registrar (Judicial),
Rajasthan High Court, Jaipur.
                                                                      ----Petitioner
                                     Versus
1.     Radhe Shyam Jangid Son Of Shri Ramjivan Jangid,
       Resident Of Village Badh Bagpura, Post Thali, Tehsil
       Chaksu, District Jaipur (Rajasthan)
2.     Chief    Information          Commission,           Central     Information
       Commission, Baba Gangnath Marg, Munirka, New Delhi
       1100067
                                                                  ----Respondents

For Petitioner(s) : Mr. Vishnu Kant Sharma, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

30/07/2021

Learned counsel for the petitioner submitted that impugned

order dated 15.02.2021 has been passed by Chief Information

Commissioner, New Delhi by recommending that Registrar,

Rajasthan High Court can seek necessary approval of the

Competent Authority regarding amendment in Rajasthan Right to

Information (High Court & Subordinate Courts) Rules, 2006.

Learned counsel for the petitioner submitted that the

respondent No.1 had filed an appeal before the Central

Information Commission, feeling aggrieved of non-receipt of

information from the petitioner and the second appeal of the

respondent No.1 was dismissed, however, reference has been

made of judgment passed by the Apex Court in the case of

(2 of 2) [CW-7998/2021]

Common Cause Vs. High Court of Allahabad and Ors. [W.P.

(C) No.194 of 2012, decided on 20.03.2018.

Learned counsel submitted that the said judgment is not

applicable in respect of charging fee for filing appeal before the

Appellate Authority as per Rajasthan Right to Information (High

Court & Subordinate Courts) Rules, 2006.

Learned counsel submitted that the rules relating to charging

fee on application has already been amended and only Rs.50 is

charged to make such an application, however, for filing appeal

Rs.100, has been prescribed as a fee.

Learned counsel submitted that the order impugned in the

present writ petition infringes on the power of the High Court to

frame rules regarding supplying information.

Issue notice of the writ petition as well as stay application,

returnable within four weeks. Notices be given 'dasti' if prayed.

In the meanwhile, effect and operation of the order dated

15.02.2021 passed by the Chief Information Commissioner-the

respondent No.2, shall remain stayed.

(ASHOK KUMAR GAUR),J

Ramesh Vaishnav /86/Monika

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