2019 Supreme(Chh) 806
CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J.
PUBLIC INFORMATION OFFICER, HIGH COURT OF CHHATTISGARH - APPELLANT
Versus
ARUN KUMAR GUPTA - RESPONDENT
Writ Petition (Art 227) No. 19 of 2017
Decided On : 05-08-2019
Prafull N. Bharat, Adv., Shyam Sunder Lal Tekchandani, Adv.
Headnote:
Constitution of India,1950 - Articles 227 and 219 - Right to Information Act, 2005 - Sections 19(8)(a)(i), 8(1)(e) and 6(1) - Information seeker - Seeking copy of oath - Respondent No.1 herein made an application to the Public Information Officer of this Court invoking Section 6(1) of the Act of 2005 seeking copy of oath taken and subscribed Justice Public Information Officer rejected said application in light of exemption provided under Section 8(1)(e) of Act of 2005 was affirmed by first appellate authority in an appeal preferred by respondent No.1 herein by order - Second appellate authority / Information Commission interfered with the order passed by two authorities as stated and directed for furnishing the information sought for by respondent No.1 herein i.e. copy of oath taken and subscribed by two Honble Judges – Held, Application filed by respondent No.1 under Section 6 of Act of 2005 was bereft and fails to fulfill requirement under Section 8(1)(j) of the Act of 2005 grant of such information by learned Information Commission simply holding that oath is taken by Honble Judges in public in presence of respectable persons as such - Information sought for is granted under Sections 8 and 19(8)(a)(iv) of the Act of 2005, runs contrary to the law and is liable to be quashed - Impugned order passed by respondent No.2 directing furnishing of information with regard to oath taken and subscribed by two Honble Judges of this Court - Writ petition is allowed to the extent
JUDGMENT
Sanjay K. Agrawal, J. - The jurisdiction of this Court under Article 227 of the Constitution of India has been invoked by the Public Information Officer of the High Court of Chhattisgarh (for short, 'this Court') calling in question legality, validity and correctness of the order passed by respondent No.2 herein (Chhattisgarh State Information Commission) by which the Chhattisgarh State Information Commission (for short, 'the Information Commission') has set aside the order passed by the Public Information Officer as well as by the appellate authority and directed under Section 19(8)(a)(i) of the Right to Information Act, 2005 (for short, 'the Act of 2005') to provide the information sought for by the information seeker / respondent No.1 herein, dubbing the order as arbitrary and contrary to the provisions contained in Section 8(1)(e) of the Act of 2005.
2. The information seeker / respondent No.1 herein made an application to the Public Information Officer of this Court invoking Section 6(1) of the Act of 2005 seeking copy of oath taken and subscribed by Hon'ble Mr. Justice Prashant Kumar Mishra and Hon'ble Mr. Justice N.K. Agarwal (now His Lordship has demitted the office). The Public Information Officer rejected the said application in light of exemption provided under Section 8(1)(e) of the Act of 2005 which was affirmed by the first appellate authority in an appeal preferred by respondent No.1 herein by order dated 3- 12-2015. However, the second appellate authority / the Information Commission interfered with the order passed by the two authorities as stated above and directed for furnishing the information sought for by respondent No.1 herein i.e. copy of oath taken and subscribed by the two Hon'ble Judges of this Court as mentioned above under Sections 8 and 19(8)(a)(i) of the Act of 2005. Feeling aggrieved against that order this writ petition has been filed in which the order passed by the Information Commission i.e. the second appellate authority has been called in question principally on the ground that it is violative of Section 8(1)(e) of the Act of 2005 and further on the ground that the two authorities had already satisfied that the larger public interest is not involved warranting the disclosure of such information and the Information Commission ought not to have interfered with by the orders of the two authorities (that is the Public Information Officer and the appellate authority).
3. No return has been filed by the respondents though opportunities were granted to them.
4. Mr. Prafull N. Bharat, learned counsel appearing for the petitioner, would submit that the learned Information Commission is absolutely unjustified in granting the application filed by respondent No.1 / information seeker by setting aside the concurrent finding recorded by the two authorities in which it has been clearly held that such an information is clearly barred from disclosure of such information and is exempted by the provisions contained in Section 8(1)(e) or 8(1)(j) of the Act of 2005, as such, the impugned order directing the disclosure of such information being contrary to law is liable to be set aside.
5. No one has appeared for respondent No.1, though served with notice of this writ petition.
6. Mr. Shyam Sunder Lal Tekchandani, learned counsel appearing for respondent No.2, would support the impugned order and submit that the impugned order is strictly in accordance with law and no interference is called for in exercise of jurisdiction under Article 227 of the Constitution of India.
7. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection.
8. The question for consideration would be, whether respondent No.1 is entitled to get the copy of oath taken and subscribed by the Hon'ble Judges of this Court which they have taken before they have entered upon their office as prescribed under Article 219 of the Constitution of Ind