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Court cannot ask SIC to hear second appeal out of turn

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The Information Commission receives innumerable requests from various aggrieved parties. The Commission is a multi-member body and has to arrange its own business dealing with those appeals. Even if there has been any unreasonable delay, if a party approaches this Court, then the Commission must be put on notice before fixing a time limit for the Information Commission to hear those appeals either expeditiously or out of turn by jumping the queue. In such cases, the petitioner must make out a case for a deliberate delay dealing with those appeals and that the particular appeal of the aggrieved petitioner must be so important that in public interest such direction can be given.

A writ of mandamus is issued to a public authority including a quasi-judicial authority to do a statutory obligation or to refrain from performing an act contrary to the Statute. Unless it is proved that the Commission did not discharge its obligation, no direction can be issued to the Commission by this Court and even if any such direction is to be issued, the same cannot be done without notice to the Commission.

When the Government Advocate has no right to represent the Commission and only represent the Government Department and Information Offices appointed by such Department, no direction should have been issued to the Commission.

Keeping this request and anguish of the Commission in mind, this Court declared that when an order of the Tamil Nadu Information Commission is under challenge, Information Commission need not be made as a party to those proceedings and even if counsels make them as a party, in the array of parties, they should be struck of from the writ petition. It is also indicated that all that this Court can do is to make a copy to the Information Commission either interim or final order, so that the Commission follow the same as a legal precedent.




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