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2009 Supreme(Gau) 918

IN THE HIGH COURT OF GAUHATI
Brojendra Prasad Katakey, J.
Binoya Dutta – Appellants
Vs.
State of Meghalaya and other – Respondent
WP (C) No. 301 of 2008
Decided On: 22.12.2009

Advocates appeared:
For Appellant/Petitioner/Plaintiff:M.Z. Ahmed, A.M. Dutta and R. Chetia, Advocates
For Respondents/Defendant:G.A. & N.S.A. Islam and R.K. Deb Choudhury, Advocates

Headnote:

Right to Information Act, 2005 - Section 19(1) and 8(1) (e) - Education - While the Petitioner was discharging her duties in the said capacity, another advocate was appointed as Sr. Govt. Advocate for the State of Meghalaya against which the Petitioner submitted a representation before the Deputy Chief Minister, which was sent to the then Advocate General for comment and accordingly comment was given, upon consideration of which the same has been rejected - Held, It is not the case of the Petitioner that the communications between the Advocate General and the department of the State Government as well as the Chief Secretary of the State though are exempted from disclosure under Section 8(1)(e) of the Act, since disclosure of such information’s are required in larger public interest, such disclosure is required to be made - It is also not the case of the Petitioner that part of such information’s can be disclosed by invoking the provisions of Section 10 of the Act - Perusal of the communications, which have not been furnished to the Petitioner, reveals that those were issued for the benefit of the State Government and not for personal benefit or interest of anyone - There is also no overriding public interest involved for disclosure of such information - Petition dismissed.

JUDGMENT

Brojendra Prasad Katakey, J.

1. The Petitioner, who is a practicing advocate and formerly a Govt. Advocate of the State of Meghalaya, by the present petition has challenged the notification dated 21.09.2006 (Annexure-3) issued by the Joint Secretary to the Govt. of Meghalaya, Law (A) Department; communication dated (Annexure-5) issued by the Under Secretary to the Govt. of Meghalaya-cum-Public Information Officer refusing to furnish certain documents sought for by the Petitioner under the Right to Information Act, 2005; order dated 06.03.2007 (Annexure-6) passed by the Appellate Authority cum the Secretary to the Govt. of Meghalaya, Law Department under the Right to Information Act rejecting the appeal preferred by the Petitioner against the decision of the Public Information Officer refusing to furnish certain documents as well as the order dated (Annexure-8) passed by the Chief Information Commissioner (CIC) in the appeal preferred by the Petitioner against the decision of the Appellate Authority in so far as the prayer for furnishing certain documents made by the Petitioner.

2. The facts leading to the filing of the writ petition may be noticed as under:

The Petitioner, who is a practicing advocate, was initially appointed as Government panel advocate for the State of Meghalaya on 25.11.1982, then as Addl. Govt. Advocate on 16.03.1987 and thereafter as Govt. Advocate on 14.06.2002. While the Petitioner was discharging her duties in the said capacity, another advocate was appointed as Sr. Govt. Advocate for the State of Meghalaya against which the Petitioner submitted a representation dated 24.01.2006 before the Deputy Chief Minister, Government of Meghalaya, which was sent to the then Advocate General for comment and accordingly comment was given, upon consideration of which the same has been rejected on 17.03.2006. According to the Petitioner the then Advocate General, Meghalaya on 19.08.2006 wrote to the Govt. of Meghalaya, leveling certain allegations against her, which culminated to the issuance of the notification dated 21.09.2006 (Annexure-3) by the Joint Secretary to the Government of Meghalaya, Law(A) Department discontinuing her services as Govt. Advocate with immediate effect. The Petitioner thereafter on 12.10.2006 filed an application before the Public Information Officer, Law Department, Govt. of Meghalaya, requesting him to furnish (i) a copy of her letter dated 24.01.2006 addressed to the Deputy Chief Minister, In-Charge Law Department, Meghalaya; (ii) letter dated 10.02.2006 issued by the Law Department to the then Advocate General, Meghalaya seeking comment on the said representation; (iii) the comment of the then Advocate General thereto; (iv) letter dated issued by the then Advocate General to the Chief Secretary to the Govt. of Meghalaya, as well as (v) relevant note sheet processing her case prior to issuance of the notification dated 21.09.2006 discontinuing her service as Govt. Advocate. The Public Information Officer vide communication dated 20.12.2006 (Annexure-5) while furnishing the copy of the representation filed by the Petitioner dated 24.01.2006 addressed to the Deputy Chief Minister, rejected her request to furnish the other documents on the ground that those are confidential and no public purpose would be served by revealing the same. The said order had been challenged by the Petitioner before the Appellate Authority under Section 19(1) of the Right to Information Act, 2005 (in short the Act), which was however dismissed vide order dated by holding that the documents sought for are information available in fiduciary relationship and as such cannot be disclosed in view of the provisions contained in Section 8(1)(e) of the Act. A further appeal under Section 19(3) of the Act was filed by the Petitioner before the State Information Commission, which was disposed of vide order dated 23.07.2007, partly allowing the same, directing the Law Department of Govt. of Meghalaya to furnish the Petit






















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