JUDGMENT :

Heard Mr. P. K. Tiwari, learned Senior Counsel assisted by Mr. K. Sexana, learned counsel for the petitioner. Also heard Mr. R. Saikia, learned standing counsel for the State Information Commission representing respondent nos. 1 & 2 and Mr. U. Deka, learned counsel for the respondent no. 3.

2. This writ petition is directed against the order, dated 09.05.2015, passed by the Information Commissioner, Arunachal Pradesh, APIC, Itanagar in Appeal No. APIC-01/2016, whereby the petitioner, the PIO (Public Information Officer)-Cum-Chief Conservator of Forest, Southern Arunachal Circle, Department of Environment and Forests, Deomali, district Tirap has been directed to furnish photo copy of the answer scripts of written test (all subject) of all candidates in a recruitment conducted by the department of forest for the post(s) of UDC.

3. The facts leading to filing of the present writ petition, briefly stated, are as under:

The respondent no. 3 had sought for as many as 9 information from the PIO (Public Information Officer)-Cum-Chief Conservator of Forest, Southern Arunachal Circle, Department of Environment and Forests, Deomali including photo copy of answer script of written test (all subject) in respect of all candidates who qualified in the written test conducted by the Department of Forest for the Post(s) of UDC, vide her application dated 14.09.2015. The petitioner herein, the PIO-cum-Chief Conservator of Forest, Deomali by his letter, dated 19.10.2015, had furnished all the information sought for by the respondent No. 3 except photo copy of the answer script of other candidates, stating it not to be permissible under the law. Against the denial to supply the answer script of other candidates by the aforesaid order, dated 19.10.2015, issued by the PIO-cum-Chief Conservator of Forest, Deomali, the respondent no. 3 had preferred an appeal before the First Appellate Authority under the Right to Information Act, 2005. The First Appellate Authority, vide order, dated 07.12.2015, dismissed the appeal filed by the respondent no. 3. Against the dismissal order of the First Appellate Authority, dated 07.12.2015, the respondent no. 3 had preferred an appeal under Section 19 of the Right to Information Act, 2005, to the APIC which was disposed of by the Information Commissioner, vide order, dated 09.05.2016, directing the petitioner/the PIO-cum-Chief Conservator of Forest, Southern Arunachal Circle, Deomali, to furnish the answer scripts of all the candidates who had participated in the recruitment conducted by the Department for the post(s) of UDC, with a further direction to the parties to the appeal, to appear before the Commission on 16.05.2016 at 10:30 am, and on their failure to comply with the order, might compel the Commission to impose penalty of Rs. 25,000/-(Rupees Twenty Five Thousand) under Section 20 of the RTI Act.

4. Assailing the correctness of the order, dated 09.05.2016, passed by the Information Commissioner directing the petitioner/the PIO-cum-Chief Conservator of Forest, Southern Arunachal Circle, Deomali, to furnish the answer scripts of all the candidates who had participated in the recruitment conducted by the Department for the post(s) of UDC, Mr. P. K. Tiwari, learned Senior counsel for the petitioner has submitted that the answer scripts of candidates other than the information seeker, is a third party information and for providing the third party information, a procedure prescribed under Section 11(1) of the RTI Act, 2005, is mandatory which envisage issuance of notice to the third party, whose information are sought for, to enable them for making submission whether the information sought for, should be furnished or not. The impugned order, dated 09.05.2016, passed by the APIC directing the petitioner/the PIO-cum-Chief Conservator of Forest, Southern Arunachal Circle, Deomali, to furnish the answer scripts of all the candidates who had participated in the recruitment conducted by the Department for the pos