S.RAVINDRA BHAT, J.

1. This proceeding, under Article 226 of the Constitution of India, requires the examination of questions and issues involving declaration as to personal assets of judges of the Supreme Court, made to the Chief Justice of India, pursuant to a Full Court resolution of the Supreme Court of India, made in 1997. The petitioners challenge an order of the Central Information Commission, dated 6th January, 2009, upholding the request of the respondent who had applied for disclosure of certain information concerning such declaration of personal assets, by the judges (of the Supreme Court).

2. The facts of the case are that the Respondent (hereafter “applicant”) had, on 10.11.2007 required the Central Public Information Officer, Supreme Court of India (“the CPIO”), nominated under the Right to Information Act (hereafter “the Act”) to furnish a copy of the resolution dated 7.5.1997 of the Full Court of the Supreme Court, (“the 1997 resolution”) which requires every judge to make a declaration of all assets. He further sought for information relating to declaration of assets etc, furnished by the respective Chief Justices of States. By order dated 30th November, 2007, the CPIO informed the applicant that a copy of the resolution dated 7.5.1997 would be furnished on remitting the requisite charges. He was also told that information relating to declaration of assets by the judges was not held by or under the control of the Registry of the Supreme Court and, therefore, it could not be furnished.

3. The applicant appealed to the nominated Appellate authority, who, after hearing him, recorded satisfaction (of the applicant) about receipt of a copy of the resolution; he nevertheless, challenged the second part of the impugned order which held that the CPIO did not hold any information regarding the declaration of assets. It was also contended that if the CPIO was not holding the information, he should have disclosed the authority holding such information and should have referred the application to such an authority, invoking Section 6 (3) of the Right to Information Act. It was also contended out that assuming that the CPIO did not hold the information, since the applicant had sought information regarding the declaration of assets made by the various Chief Justice of the States, the CPIO, Supreme Court should have transferred the matter to the respective CPIOs. The appellate authority remanded the matter for reconsideration, to the CPIO, observing as follows:

“A perusal of the application dated 10.11.2007 discloses that the appellant had sought for information relating, to the declaration of assets by the Hon’ble Judges of the Supreme Court as well as the Chief Justice of the States. The order of the CPIO is silent regarding Section 6 (3) of the Right to Information Act. to the above extent, I feel that the appellant is justified in contending that if the CPIO was not holding the information, he should have considered the question of Section 6 (3). Regarding the respective States, if the CPIO was not holding information, he should have considered whether he should have invoked the provision under Section 6 (3) of the Right to Information Act.

In the above circumstances, the impugned order to the above extent is liable to be remanded back. The matter is remanded to the CPIO to consider the question whether Section 6(3) of the Act, is liable to be invoked by the CPIO.

The matter is remanded to the CPIO for afresh consideration on the above limited point after giving a reasonable opportunity of being heard to the appellant.

The Appellant, if aggrieved by this order, is entitled to file a second appeal before the Central Information Commission, New Delhi under Section 19(3) of the Right to Information Act within 90 days from the date of communication of this order.”

After remission, the CPIO rejected the application, stating as follows:

“In the case at hand, you yourself knew that the information sought by you is rel