Non-reportable Item No. 67 IN THE COURT OF MANIPUR AT IMPHAL Writ Petition(Civil) No. 449 of 2024 Shri. Kh. William Maring, aged about 38 years, S/o Kh. Metrim Maring, resident of Lamlong Christian Village, P.O. Pallel, & PS.Tengnoupal Manipur at present residing at JNIMS Quarter Type III, South Block B-VI, P.O. & P.S. Porompat, District Imphal East, Manipur - 795005.

…..Petitioner -versus-

1.The State of Manipur through the Commissioner (Home) Government of Manipur, Imphal, Manipur.

2. The Manipur/State Information Commission through the Deputy Registrar (Judl—l/ll), Govt. of Manipur, Secretariat North Block, Ground Floor, Behind Western Block, Imphal, Manipur- 795001.

3. The Director General of Police (DGP), Govt. of Manipur, Imphal, Manipur –

795001.

4. The Superintendent of Police, DGP, Control Room-cum-ASPIO, Police Department, Manipur – 795001.

….. Respondents BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA For the Petitioners : Mr. Th. Khagemba, Advocate For the Respondent : Mr. S. Niranjan, Govt. Advocate None appeared for the State Information Commission Date of Hearing : 08-12-2025 Date of Order : 08-12-2025 JUDGMENT & ORDER [Oral]

[1] This writ petition is filed for the issuance of appropriate order or direction by setting aside the order dated 03.06.2024 passed by the State Chief Information Commissioner, Manipur in Appeal Case No. 27 of 2024 and direct the respondents to provide the information as per the RTI application filed by the petitioner. By the impugned order, Chief Information Commissioner, Manipur dismissed the second appeal filed by the petitioner on the ground that the Home Department is in exempted list and the petitioner has not been able to show any element of corruption or violation of human right. By the RTI application, the petitioner requested for supply of copies of his initial appointment order, transfer order, proceedings of the departmental enquiry against him and his termination order.

[2] The short question involved in the present writ petition is whether non- sensitive and non-confidential information be disclosed under the right to Information Act, 2005 by a government department (i.e., Manipur Police)

exempted under Section 24(4) of the Act.

Brief facts of the case :

[3] The petitioner is an Ex-Rifleman (RINO. 1299029) and he preferred an application on 30/03/2023 under the Section 6 of the RTI Act, 2005 to the State Public Information Officer, Department of Home, Govt. of Manipur seeking the following information of :- (1) Initial appointment order of the undersigned applicant, 2) Transfer and posting orders of the undersigned applicant since the initial date of appointment, (3) Suspension order, Dismissal order of the undersigned applicant and (4) All the documents of the departmental enquiry proceedings with regard to the dismissal from service of the petitioner.

[4] The Joint Secretary (Home), Govt. of Manipur by its letter dated 04/04/2023 addressed to the Director General of Police, Manipur requested to give the required information sought by the petitioner. Since the said information sought for by the petitioner were not provided, he preferred 1st Appeal on 05.10.2023 under Section 19 (1) of the said Act to the appellate authority i.e. the Commissioner, (Home), Govt. of Manipur, Imphal, Manipur. The petitioner waited for the outcome of the said 1st Appeal, but with no positive result. The petitioner, having no alternative, preferred 2nd Appeal before the State Information Commissioner, Govt. of Manipur.

[5] On 25/04/2024 Commissioner (Home), Govt. of Manipur disposed of the 1st Appeal by stating that the information sought for is not in the custody of the Home Department and the RTI application was referred to the ASPIO of Police Department.

[6] On 13/05/2024, the second appeal, i.e., Appeal Case No. 27 of 2024 was listed before the Manipur Information Commission and on 03/06/2024 the SPIO/SP DGCR submitted that the information could not be provided since the notification dated 28/05/2011 provi