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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDEEP TIWARI
State Of Punjab – Appellant
Versus
State Information Commission, Punjab, Chandigarh, Through Its Secretary – Respondent
JUDGMENT :
KULDEEP TIWARI, J.
1. Both these writ petitions are amenable for being decided through a common verdict on account of theirs encapsulating similar facts, besides theirs being engendered by a common legal issue.
2. The instant writ petitions assail separate orders dated 08.02.2016 passed by the State Information Commission, Punjab, whereby a penalty of Rs. 25,000/- has been fastened upon petitioner No.2 under Section 20 of the Right to Information Act, 2005 (hereinafter referred to as “the RTI Act”), and compensation to the extent of Rs. 20,000/- has also been awarded in favour of respondent No.2/applicant under Section 19(8)(b) of the RTI Act, payable from the funds of the public authority.
FACTUAL MATRIX
3. The concise and compendious factual matrix germane to the disposal of the instant writ petitions is that respondent No.2, who was an accused in a criminal case, submitted an application dated 05.12.2012 under the RTI Act seeking copies of the daily diaries maintained by the Station House Officers posted at Police Station Jagraon during the period 2004-2005. However, the S.H.O., Police Station City Jagraon-cum-Public Information Officer, vide letter dated 04.01.2013, decli
A fair investigation is crucial; discrepancies in witness testimonies and procedural lapses can lead to acquittal if the prosecution fails to prove guilt beyond reasonable doubt.
Public authorities must provide clear reasons to justify the withholding of information under Section 8(1)(h) of the RTI Act based on how it impedes investigations; mere assertions are insufficient.
The burden is on the public authority to show how disclosure of information could impede the investigation or prosecution under Section 8(1)(h) of the RTI Act.
Internal file notings and deliberative records concerning disciplinary proceedings constitute personal information exempt from disclosure under privacy provisions. Absent a demonstrable, superior pub....
Dissatisfaction with information under the RTI Act does not merit intervention if requests do not conform to legal standards.
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