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2015 (9) TMI 1190 - HC - Indian LawsRTI - seeking information related to third party - information sought by the erstwhile partner - seeking information relating to the registration of the firm in the Food and Civil Supply Department and the work which had been assigned to the firm. - Held that:- In the present case, the fourth respondent sought extensive disclosure in regard to the business of the partnership firm. There is a serious element of contest between the petitioners and the fourth respondent as to whether the fourth respondent continues to be a partner. Whereas the fourth respondent asserts that he continues to be a partner, the contention of the petitioners is that the fourth respondent has retired from the partnership firm. We clarify that we are not expressing any view on the merits as admittedly one suit which has been filed by the fourth respondent is pending. The facts which have come on the record are sufficient to hold that before directing the disclosure of information, the State Information Commission ought to have issued notice to the petitioners and heard them on their objection to the disclosure of information. The proceedings before the Public Information Officer and before the State Information Commission have to be conducted in a manner consistent with the principles of natural justice and where a disclosure of this nature is sought in regard to the business of the partnership firm, it was but necessary that the petitioners should have been heard before any final order was passed. However, we clarify that the issue as to whether information which has been sought by the fourth respondent should or should not be disclosed in view of the provisions of the Act is kept open. All the rights and contentions of the parties are left open to be adjudicated upon. - Decided in favor of third party (petitioner)
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