SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2025 Supreme(Online)(P&H) 9717

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GULSHAN RAI SANGAR – Appellant
Versus
STATE OF PUNJAB AND ORS – Respondent



##PAGE1##

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

102 CWP-24823-2025 Date of Decision : March 23, 2026

GULSHAN RAI SANGAR -PETITIONER V/S

STATE OF PUNJAB AND ORS. -RESPONDENTS

CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

Present: Mr. Jashandeep Singh, Advocate (Legal Aid Counsel)

for the petitioner.

(Through V.C.)

Mr. Sahil R. Bakshi, A.A.G., Punjab.

Mr. Sameer Sachdeva, Advocate for the respondent No.4.

***

KULDEEP TIWARI, J. (ORAL)

1. The challenge enclosed in the instant writ petition is to two separate orders dated 22.01.2025 (Annexures P-16 and P-17) passed by the respondent No.3- Punjab State Information Commission (hereinafter

referred to as the “S.I.C.”).

2. Succinctly stated, the petitioner submitted two applications dated 03.05.2017 and 13.07.2017 seeking certain information from the respondent No.4 under the Right to Information Act, 2005 (hereinafter referred to as the “R.T.I. Act”). Deriving grievance from the failure of the respondent No.4 to furnish the desired information, and having failed to obtain relief even before the First Appellate Authority, the petitioner approached the S.I.C. However, the S.I.C., through drawing the impugned orders, closed the proceedings. In this way, the non-supply of the desired information, coupled with the closure of the case by the S.I.C., has propelled

DEVINDER YADAV 2026.03.25 09:55 I attest to the accuracy and authenticity of this

order/judgment

##PAGE2##

CWP-24823-2025 2 the petitioner to invoke the writ jurisdiction of this Court.

3. Learned counsel for the petitioner contends that the S.I.C. has failed to discharge its statutory duty inasmuch as it has not recorded any finding or satisfaction as to whether the information sought by the petitioner, point-wise, had in fact been furnished. It is submitted that the impugned orders have been passed in a cursory and mechanical manner, without proper application of mind, rendering them legally unsustainable

and liable to be set aside.

4. Per contra, learned counsel for the respondent No.4 submits that the petitioner is a habitual litigant who, following his dismissal from service by the respondent No.4, has engaged the respondent No.4 in multiple litigations relating to service dispute. It is further submitted that all information disclosable under the R.T.I. Act has already been furnished to

the petitioner, and an affidavit to that effect has also been placed on record.

5. Having heard learned counsel for the parties and perused the material available on record, this Court is of the considered view that the S.I.C. has failed to return any definitive finding as to which portions of the information sought in the applications (supra), and permissible under the RTI Act, were actually supplied to the petitioner. Moreover, there is no discernible satisfaction recorded with respect to whether point-wise information sought by the petitioner was supplied or not. Such an exercise was incumbent upon the S.I.C., however, the impugned orders are conspicuously silent in this regard. The relevant paragraph of the impugned

orders are extracted hereunder:-

“Order dated 22.01.2025 passed in Complaint Case No. 0945 of

2017

5. After hearing both parties and reviewing the case file, the DEVINDER YADAV 2026.03.25 09:55

I attest to the accuracy and authenticity of this order/judgment

##PAGE3##

CWP-24823-2025 3

respondent PIO is directed to file an affidavit detailing the factual situation of the case. The affidavit must specifically state what was submitted during the hearing-that no additional information is pending as all requisite information has already been supplied to the appellant. This affidavit must be duly notarized and submitted within two days of the issuance of this order. The appellant also

agreed to this course of action.”

***

“Order dated 22.01.2025 passed in Complaint Case No. 0946 of

2017

5. After hearing both parties and reviewing the case file, the respondent PIO is directed to file an affidavit detailing the factual situation of the case. The affidavi

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top