JUDGMENT

Mr. Vikas Bahl, J. (Oral)

This is a Civil Writ Petition filed under Article 226 of the Constitution of India for the issuance of a writ in the nature of certiorari for setting aside the order dated 06.03.2023 (Annexure P-9) vide which the second appeal of the petitioner has been disposed of by respondent No.2- State Information Commission, Punjab.

2. Learned counsel for the petitioner has submitted that the petitioner had moved an application dated 15.09.2022 (Annexure P-2) under section 6(2) of the Right To Information Act, 2005 (hereinafter to be referred as "the Act of 2005"), in which, he had sought information on seven points. It is further submitted that when the said information was not provided to the petitioner then he filed the first statutory appeal on 18.10.2022 (Annexure P-5) and when even the first Appellate Authority did not provide the requisite information to the petitioner then the second statutory appeal dated 29.12.2022 (Annexure P-7) was filed by the petitioner. It is contended that although, the information under point Nos.3, 4 and 6 of the application (Annexure P-2) was not supplied but the State Information Commissioner, Punjab by passing a cryptic and non-speaking order and without even stating the facts of the case, had disposed of the case and closed the same. It is further contended that neither the details of the information which was sought has been mentioned in the impugned order nor it has been stated as to on which points the information has been supplied and on which points the information cannot be supplied and the reasons for the non-supply of the same. It is argued that the State Information Commissioner, Punjab was hearing the statutory second appeal filed by the petitioner under Section 19 (3) of the Act of 2005 and was thus, duty bound to pass a reasoned and speaking order and the same having not been done, the impugned order dated 06.03.2023 (Annexure P-9) deserves to be set aside on the said ground alone and the matter deserves to be remanded to the State Information Commissioner, Punjab for passing a fresh order after considering the contentions raised by the petitioner and the respondents and for adjudicating the same.

3. Learned State Counsel appearing on behalf of respondent Nos.1 to 7 has although, tried to justify the impugned order but could not dispute the fact that neither the details of the information sought in the application nor the date on which the information had been supplied nor any reasons have been given before disposing off/closing the second appeal.

4. This Court has heard learned counsel for the parties and has perused the paper book.

5. The petitioner had sought the information on seven points under Section 6 of the Act of 2005 by way of filing an application dated 15.09.2022 (Annexure P-2). The relevant portion of the said application is reproduced hereinbelow:-

"Sir,

Please provide certified copies of the documents as per the following regarding the subject matter mentioned above:-

1. Provide certified copy of the application bearing UID no. and Noting regarding the subject matter mentioned above.

2. During the course of investigation of the application bearing UID No. 1679278, provide their names, addresses, date of recording statement and provide the copies of recorded statement.

3. Provide a copy of the probe report of the applicant bearing UID Number 1679278 and inform the date of the probe report.

4. Provide the Name, office address, designation of the probe officer through who conducted the investigation of the application bearing UID No. 1679278.

5. Please provide a copy of the page of the register where the entry has been made in respect of handing over t