SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2011 Supreme(Del) 448

IN THE HIGH COURT OF DELHI
S. Muralidhar, J.
Appellants: B.S. Mathur
Vs.
Respondent: Public Information Officer of Delhi High Court
W.P. (C) 295 and 608/2011
Decided On: 03.06.2011

Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: Amit S. Chadha, Sr. Adv. and Kunal Sinha, Adv.
For Respondents/Defendant: Rajiv Bansal, Adv.

Headnote:

Right To Information Act, 2005 - Section 8(1)(h)--Application by member of Higher Judiciary to the High Court seeking information in regard to deliberations--Denial of information on the ground that there was another Enquiry pending against the Applicant therefore it would be hit by section 8(1)(h) of the Act--Second Enquiry ordered by the Chief Justice to be kept in abeyance--Pendency of enquiry by itself is not sufficient to deny information--It must be shown that the disclosure of information may `impede' or `hamper' the investigation--Writ petition allowed and direction given to disclose the information.

JUDGMENT

S. Muralidhar, J.

1. In Writ Petition (Civil) 295 of 2011, the Petitioner challenges an order dated 6th September 2010, passed by the Central Information Commission ('CIC') dismissing his appeal against an order dated 28th April 2010 of the Appellate Authority of the High Court of Delhi under the Right to Information Act, 2005 ('RTI Act') declining to furnish the complete information sought by him in RTI Application No. 184 of 2008.

2. In Writ Petition (Civil) 608 of 2011 the Petitioner challenges the same order insofar as it relates to the dismissal of his Appeal Nos. 314 and 315 dated 13th August 2010 in relation to RTI Application Nos. 35 and 36 of 2010.

Factual matrix

3. The Petitioner was a Member of the Delhi Higher Judicial Service. Pursuant to a Resolution dated 26th August 2008 of the Full Court, a Committee of five Judges of the High Court heard the Petitioner on 29th May 2008 and decided that it was desirable to place him under suspension pending disciplinary action. While disposing of his writ petition challenging the order of suspension, the Supreme Court by an order dated 13th August 2008 directed that the inquiry against the Petitioner may be completed within a period of five months. On 3rd November 2008, a memorandum was issued to the Petitioner furnishing him the articles of charges, statement of imputation of misconduct, list of witnesses and documents along with the documents. The Petitioner's statement of defence was considered by the Full Court at a meeting held on 27th November 2008. A learned Judge of the High Court was appointed as the Inquiry Officer.

4. On 19th August 2008, the Petitioner filed an application No. 143 of 2008 under the RTI Act seeking the following information:

(i). Copy of directions of Committee of Hon'ble Inspecting Judges allowing Registrar (Vig.) to scrutinise personal file of applicant containing intimations supplied under the Conduct Rules.

(ii) Copy of the report of the Registrar (Vig.) dated 06.02.2008 in compliance of (i) above.

(iii) Copy of the minutes of the meeting of the committee of the Hon'ble Inspecting Judges dated 14.2.2008.

(iv) Copy of the minutes of the meeting of the committee of the Hon'ble Inspecting Judges held on 03.04.2008.

(v) Copy of the minutes of the meeting of the committee of the Hon'ble Inspecting Judges dated 14.05.2008.

(vi) Copy of the minutes of the meeting of the Administrative Committee held on 19.5.2008.

(vii) Copies of the comments and/or material supplied/placed before the committee of the Hon'ble Inspecting Judges.

(viii) Copies of the comments and/or material supplied/placed before the Hon'ble Full Court prior to its meeting dated 26.5.2008.

(ix) Copies of the Agenda and the minutes of the Hon'ble Full Court held on 26.5.2008. (x) Copy of the minutes/decision of the Committee headed by the Hon'ble Chief Justice in connection with the reply of letters dated 20.2.2008, held on 29.5.2008.

(xi) Subject and date wise list of all the intimations submitted by the applicant to the Hon'ble High Court from time to time since the date of his joining service till date.

(xii) Copy of the minutes/decision of the Committee of the Hon'ble Inspecting Judges held post intimation dated 1.6.2007 by the applicant.

5. On 16th September 2008, the Public Information Officer ('PIO') of the High Court of Delhi informed the Petitioner that the information sought by him could not be supplied as "the same is exempt under Section 8(1)(h) of the RTI Act read with Rule 5 (b) of the Delhi High Court (Right to Information) Rules, 2006" (hereinafter 'the Rules').

6. Aggrieved by the above decision, the Petitioner filed Appeal No. 21 of 2008 which was dismissed by the Appellate Authority on 31st October 2008. It was held by the Appellate Authority that the documents referred at serial No. (xi) could be supplied to the Petitioner. However, as far as the remaining information was concerned it was observed that the disciplinary authority was still examining the material for holding inqui





























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top