THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23.11.2022 IN APPEAL PASSED BY THE STATE INFORMATION COMMISSIONER (BENCH No.3) OF THE R1 (VIDE ANNEXURE-A) AS ARBITRARY, ILLEGAL, ULTRAVIRES THE PROVISION OF THE RIGHT TO INFORMATION ACT,2005 AND IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE.

THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

1. The petitioner, who was working as Secretary to the Government of Karnataka, Commerce and Industries Department (MSME & Mines) from 07.04.2021 and was also serving as Secretary to the Government, Sugar Department and Textile Department, which forms part of the Commerce and Industries Department, is before this Court being aggrieved by the order dated 23.11.2022 passed by respondent No.1 seeking the following reliefs;

"Wherefore, the petitioner respectfully prays this Hon'ble Court for issuance if appropriate writ, order or directions;

a) In the nature of Certiorari and quash the Order dated 23.11.2022 in Appeal No.PÀªÀiÁD 14577 J¦J¯ï 2021 passed by the State Information Commissioner (Bench No.3) of the Respondent No.1 (vide Annexure A) as arbitrary, illegal, Ultra-vires the provisions of THE RIGHT TO INFORMATION ACT, 2005 and in violation of principles of natural justice.

b) In the nature of declaration, declaring the action of Respondent No.1 invoking section 20(2) to direct the Petitioner to initiate disciplinary action against the Managing Director of Mysore Sugar Company Limited in terms of the Orders of the Respondent No.1 dated 13.09.2022 & 20.10.2022 in Appeal No. PÀªÀiÁD 14577 J¦J¯ï 2021 (vide ANNEXURE F and H) are ultra-vires the provisions of THE REIGHT TO INFORMATION ACT, 2005 and that the Petitioner would not be required to act in terms of the Order of the Respondent No.1 dated 13.09.2022 & 20.10.2022 in PÀªÀiÁD 14577 J¦J¯ï 2021(vide ANNEXURE F and H).

c) Pass such other order/s as this Hon'ble court deems fit to grant in the circumstances of the case in the interest of justice and equity."

2. Respondent No.2, who was the ex-employee of Mysore Sugar Company Ltd., having been appointed as Personal Officer on contract basis, had apparently submitted an application under the Right to Information Act, 2005 (for short 'Act') to the Public Information Officer of the company seeking certain information on 08.02.2021 with regard to utilisations of certain funds granted by the Government. It appears, by communication dated 22.06.2021, the information as sought for by respondent No.2 was furnished concerning utilisation of grant towards implementation of Voluntary Retirement Scheme (VRS), and also clarified that the utilisation certificate was yet to be submitted to the State Government.

3. Not being satisfied, respondent No.2 had preferred an appeal before the Chief Administrative Officer and thereafter, approached respondent No.1-Commission by way of further appeal. Respondent No.2 also sought further/additional information. Respondent No.1-Commission, by order dated 13.09.2022, directed the Public Information Officer of the company to furnish the additional information sought.

4. Subsequently, respondent No.1 had directed the petitioner to initiate disciplinary proceedings against the Managing Director of the Company, as he had purportedly not complied with the previous order of respondent No.1. Respondent No.1 passed another order dated 20.10.2022 observing that the petitioner herein had not reported compliance of earlier order dated 13.09.2022 and directed to take disciplinary action against the Managing Director of the Company and the petitioner was provided another opportunity to take action and report compliance. The said order dated 20.10.2022 was received at the office of the petitioner only on 23.11.2022 at about 04.00 p.m. However, respondent No.1, by further order dated 23.11.2022 impugned in this petition, has not only directed the Public