IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.18902/2018 (GM-RES) C/w WRIT PETITION NO.11646/2018 (GM-RES) BETWEEN:
SRI K M BALASUBRAMANYA PRASAD S/O LATE K B MUNINANJAPPA AGED ABOUT 64 YEARS NO.20, 2ND MAIN, 8TH ‘A’ CROSS SRI MANJUNATHA NAGAR, KALKERE RAMAMURTHINAGAR BANGALORE-560016 … PETITIONER (COMMON) (BY SRI CHANDRA MOHAN J.G., ADVOCATE) AND:
1. KARNATAKA INFORMATION COMMISSIONER ROOM NO.103, 1ST FLOOR MAHITHI SOUDHA, DEVARAJA URS ROAD BANGALORE-560001 2. THE CHIEF CONSERVATOR OF FORESTS GULBARGA CIRCLE FOREST DEPARTMENT GULBARGA-585101 3. DEPUTY CONSERVATOR OF FORESTS SOCIAL FORESTRY DIVISION AND THE PUBLIC INFORMATION OFFICER MANTHRALAYA ROAD RAICHUR-584101 … RESPONDENTS IN WP.No.18902/2018 (BY SRI G.B. SHARATH GOWDA, ADVOCATE FOR R1; SMT. PRATHIMA HONNAPURA, AGA FOR R2 & R3) AND:
1. KARNATAKA INFORMATION COMMISSIONER ROOM NO.103, 1ST FLOOR MAHITHI SOUDHA DEVARAJ URS ROAD BANGALORE-560001 2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT RAICHUR-584101 3. DEPUTY CONSERVATOR OF FORESTS (SOCIAL FORESTRY DIVISION) AND THE PUBLIC INFORMATION OFFICER MANTHRALAYA ROAD RAICHUR-584101 … RESPONDENTS IN WP.No.11646/2018 THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF R-1 KARNATAKA INFORMATION COMMISSIONER DATED 08.08.2017 (ANNEXURE-A) AND TO DIRECT R-1 TO HEAR THE MATTERS ON MERITS AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Chandra Mohan J.G., learned counsel for the petitioner.
Sri G.B.Sharath Gowda, learned counsel for respondent no.1 in W.P.No.18902/2018.
Smt. Prathima Honnapura, learned Additional Government Advocate for respondent nos.2 & 3 in W.P.No.18902/2018.
The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioner inter alia has assailed the validity of the order dated 08.08.2017 passed by the Karnataka Information Commission.
3. Facts giving rise to filing of the petitions are briefly stated as under:
The petitioner who is a retired Deputy Conservator of Forests had filed two applications under the Right to Information Act, 2005 before the Public Information Officer. However, since the information furnished to him was incomplete, the petitioner filed two appeals to the Chief Conservator of Forests under Section 19(1) of the Right to Information Act, 2005. The petitioner did not get any response from the authorities. Thereupon, he filed two appeals before respondent no.1 under the provisions of the Right to Information Act, 2005. The Commissioner fixed the date of hearing of the appeals on 28.07.2017 at Raichur. Since the petitioner was unable to appear before the Karnataka Information Commission, the Commissioner adjourned the matters to 08.08.2017. However, without notice of hearing of the petitioner on 14.08.2017, a copy of the order dated 08.08.2017 was served on the petitioner. In the aforesaid factual background, the petitioner has preferred these petitions before this Court.
4. Learned counsel for the petitioner submits that the impugned order is passed without affording an opportunity of hearing to the petitioner.
5. The aforesaid aspect of the matter is not disputed by learned counsel for respondent no.1.
6. In view of the aforesaid submission that the impugned order is passed without affording an opportunity of hearing to the petitioner, the impugned order is hereby quashed. Karnataka Information Commissioner is directed to issue notice to the petitioner and the date of hearing of the appeals be fixed at Bengaluru. The Commissioner shall decide the appeals in accordance with law, within a period of one month from the date of receipt of a copy of this order. Accordingly, the petitions are disposed of.
Sd/- JUDGE hkh.