Smt. Maheshwarapu Bhavani vs The State Of Telangana
2023 Latest Caselaw 3588 Tel

           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

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

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

(2021) 2 SCC 324

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.

As a sequel thereto, miscellaneous applications, if any,

pending in the writ petition stand closed.

______________________ B. VIJAYSEN REDDY, J November 6, 2023.

PV