IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

LPA No. 694 of 2017 (O&M)

Date of Decision : 13.12.2018

Rajesh Kumar Sharma

....Appellant

Versus

The Chief Information Commissioner and others

...Respondents

CORAM : HON'BLE MR.JUSTICE MAHESH GROVER

HON'BLE MR JUSTICE LALIT BATRA

Present : Ms.Naveena Sharma, Advocate

for the appellant.

MAHESH GROVER, J.(O)

This appellant is in appeal against the judgment of the learned

Single Judge dated 06.04.2017.

The controversy flows from repeated applications filed by the

appellant under the Right to Information Act, 2005 (in short 'the Act') and

when information was declined on as many as 13 applications submitted by

him he filed an appeal under Section 19 of the Act resulting in dismissal of

his claim in appeal. This led to writ proceedings where the learned Single

Judge declined to interfere and the present Letters Patent Appeal is an

outcome of the decision of the writ court.

We have perused the order of the appellate authority under the

Act and it reveals that the petitioner was facing some disciplinary

proceedings and wanted information largely related to the proceedings

against him to offer a defence. Most of the information sought was about

the different yardsticks applied by the authorities to various employees

some of whom were dealt with leniently while as per the perception of the

appellant he was dealt with harshly. The appellate authority concluded that

such an information is not permissible under Section 8 of the

DALJIT SINGH

2018.12.17 15:16

I attest to the accuracy and

integrity of this document

LPA No. 694 of 2017 (O&M) -2-

Act as it does not relate to any public interest.

We have been informed that the appellant, who faced

disciplinary proceedings, challenged the order of dismissal successfully and

has been reinstated in service. If that is so, even if we assume that there is

some substance in the appeal, it would be futile as the disciplinary

proceedings against him are non-existent as on today and consequently the

information that he sought largely to tone up his defence is no longer

relevant. We are thus of the opinion that the appeal has outlived its cause

and deserves dismissal. Ordered accordingly.

(MAHESH GROVER)

JUDGE

13.12.2018 (LALIT BATRA)

dss

JUDGE

Whether speaking/reasoned

Yes/No

Whether reportable

Yes/No

DALJIT SINGH

2018.12.17 15:16

I attest to the accuracy and

integrity of this document