Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2011 (1) TMI 1240

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... na, for the Respondent. ORDER The conspectus of the facts, which needs a necessary mention for a limited purpose of deciding the core controversy involved in the instant writ petition and emanating from the record, is that Jai Singh son of Atma Ram (Respondent No. 2) filed an application (Annexure P2/T) before the petitioner-State Public Information Officer (for brevity "petitioner-SPIO")-cum-Sa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 1st Appellate Authority-cum-BDPO (for short "FAA") directed him (petitioner) to supply the information to Respondent No. 2, vide letter bearing No. 1568, dated 14-11-2008 (Annexure P3/T) within two days. Petitioner-SPIO, instead of supplying the information, again arbitrarily raised the demand of Rs. 9950/- for giving the information. 3. Still aggrieved by the inaction of petitioner-SPIO an .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... gument of the learned counsel that there is no provision under the Act/Rules, vide which, the SIC can direct the petitioner-SPIO to supply the information free of costs to Respondent No. 2, is not only devoid of merit but misplaced as well. 7. What is not disputed here is that Respondent No. 2 filed an application (Annexure P2/T) seeking the indicated information and attached the postal orde .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... vided the information free of charge where a public authority fails to comply with the time-limits specified in sub-section (1). 10. As is evident from the record that the petitioner-SPIO did not comply with the time-limits specified in sub-section (1) of Section 7 of the Act and did not supply the information, despite specific order/letter (Annexure P3/T) of FAA. In that eventuality, the SI .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Constitution of India, unless the same is perverse and without jurisdiction. No such patent illegality or legal infirmity has been pointed out in the impugned order by the learned counsel for the petitioner-SPIO. Hence, the same deserves to be maintained in the obtaining circumstances of the case. 12. No other point, worth consideration, has either been urged or pressed by the learned counse .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates