Court No. - 41
Case :- WRIT - C No. - 16971 of 2019 Petitioner :- C/M Public Inter College And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Kunal Ravi Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned standing counsel for respondent No. 1 and Sri Kunal Ravi Singh, learned counsel for respondent No. 2.
Considering the nature of order proposed to be passed there is no need to issue notice to respondent No. 3.
Learned counsel for the petitioners submitted that respondent no. 3 has submitted an application under RTI Act to provide certain information which was duly provided to him by the petitioners. It is next submitted that with ill intention of harassment, respondent no. 3 has moved 18 applications for the similar information which was continuously given by the petitioners, but even after that, he is moving applications again and again. It is further submitted that in the light of decision of Central Information Commission dated 05.01.2008 in Appeal No. CIC/OK/C/2007/00362 & 367 (Smt. Uma Kanti & Shri Ramesh Chandra, Jawahar Navodaya Vidyalaya Vs. Navodaya Vidyalaya Samiti), no one can be permitted to harass by filing frivolous applications and the Central Information Commission has clearly directed the respondents not to consider the RTI applications filed by the appellant and his wife since the RTI cannot be turned into a tool for vendetta of an employee against his Organization for some grievance that one harbours against it. It is submitted that petitioner has moved an application dated 30.08.2018 before the respondent No. 2-
Chairman/Commissioner/Secretary, State Information Commission ventilating his grievance and prays that a direction may be issued to the respondent no. 2 to decide the same.
Sri Kunal Ravi Singh, learned counsel for respondent no. 2 has submitted that respondent no. 3 had already filed an Appeal No. S9/963/A/201 (Ahtesham Ahmad Vs. D.I.O.S. Moradabad) and while deciding the appeal, application of the petitioners dated 30.08.2018 shall also be considered and decided expeditiously in accordance with law.
Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent no. 2 to decide the application of the petitioners dated 30.08.2018 along with Appeal No. S9/963/A/201 (Ahtesham Ahmad Vs. D.I.O.S. Moradabad) strictly in accordance with law within a period of three months from the date of production of certified copy of this order.
It is made clear that the Court has not adjudicated the matter on merits. It is upon the respondent no. 2 to decide the application of the petitioner after considering the facts of the case as well as law occupying the field.
Order Date :- 29.5.2019 Sartaj