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2011 (3) TMI 1424

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..... Information Commissioner has directed the Public Information Officer of the Raipur Development Authority to supply the information in the form of order sheets and note sheets and has also directed certain steps to be taken. 2. Learned counsel for the petitioner raised four fold submissions to assail the correctness and validity of the order which are as below :- A.    That the Chief Information Commissioner has exceeded its authority in commenting upon the conduct of the Public Information Officer to show cause as to why action has not been taken against the petitioner and in directing the Public Information Officer to take necessary decision and inform the respondent No. 4 about the final decision in the matter. He su .....

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..... he petitioner before ordering disclosure of such information. D.    That the respondent No. 3 is a meddlesome interloper. He has an axe to grind against the petitioner. He was entering into various litigations and now in order to harass the petitioner in relation to enjoyment of various rights including propriety rights, frivolous applications are being filed before the Public Information Officer without disclosing as to how those information, if any, have a bearing on any right claimed by him. 3. On the other hand, learned counsel for respondent No. 1 submits that the Chief Information Commissioner has passed the order in exercise of power conferred under the Act as an appellate authority, and therefore, he is a forma .....

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..... hether any of his rights are affected, due to which, such information is required. 6. The three applications filed by the respondent No. 4 before the Public Information Officer, have been placed on record as Annexure-A to C along with the application for taking document on record filed by the respondent No. 4. The applications show that the respondent No. 4 has sought various information from the Development Authority, which related to alleged encroachment by the petitioner. However, the order of the Chief Information Commissioner, which is under challenge before this Court, shows that the Chief Information Commissioner has directed the Public Information Officer to provide order sheets and note sheets pertaining to the action of the .....

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..... would cause unwarranted invasion of the privacy of the petitioner. In any case, such exemption is not absolute, because even assuming that the information is personal in nature, disclosure of such, would be permissible, if the Information Officer is satisfied that the larger public interest justifies the disclosure of such information. Therefore, I am unable to accept the submission of learned counsel for the petitioner that disclosure of the order sheets or note sheets of the Development Authority with regard to steps, if any, taken after the order of the Court, would, in any manner, be a matter relating to disclosure of personal information of the category as stated under clause 8(j) of the Act. 8. In so far as submission of learne .....

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..... with Section 6 of the Act, it would be clear that in order to seek disclosure of information, an information seeker is neither required to disclose invasion of any of his rights nor any legal injury much less state reasons as to why he is seeking such information. The right is only subject to the provisions of the Act. Therefore, whatever may be the motive of respondent No. 4 and whether or not, any of his rights are affected, there is an obligation to provide information by the Information Officer, which of course, would be subject to other provisions of the Act. 10. However, one submission of learned counsel for the petitioner that while directing disclosure of information, the Information Commissioner has proceeded to usurp certain .....

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