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sabharwal786

New File- Punjab & Haryana High Court view on Section 24 of the RTI Act

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sabharwal786

CWP No.11284 of 2014 (O&M)

 

A bare combined reading of above said information sought by the petitioner vide Annexure P-1, Section 24(1) as well as Section 24(4) of the RTI Act would show that the information sought by the petitioner was not exempted and the Intelligence Wing of the respondent-State was duty bound to supply the information sought by the petitioner. Since, respondent No.1 has misdirected itself while completely ignoring the true import of provisions of Section 24 of RTI Act, therefore, the impugned order dated 22.05.2014 (Annexure P-8) is patently illegal and the same cannot be sustained In view of the above said provisions of the RTI Act, in case respondent No.2 was of the view that the information sought by the petitioner was pertaining to theIntelligence Wing, the Public Information Officer of respondent No.2 was dutybound to transfer the application of the petitioner to the concerned departmentunder intimation to the petitioner. Even this much was not done in the presentcase. Further, the respondents have been taking different stands at differentpoints of time as per their suitability.

The only stand taken in Annexure P-3 dated 27.06.2013 was that the Intelligence Wing was exempted from the provisions of RTI Act under Section24(1) thereof. However, in the short reply filed by respondents No. 2 to 4, the stand taken was that information sought by the petitioner was not available on record of the Intelligence Wing. When a pointed question was put up to the State counsel in this regard, he had no answer and rightly so, because it was a matter of record. The respondents have taken contradictory stands at different points of time.

No other argument was raised.

 

Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned, this Court is of the considered view that since the impugned order (Annexure P-8) dated 22.05.2014 passed by respondent No.1 has been found to be patently illegal, the same is hereby set aside. The matter is remitted back to respondent No.1 to pass a fresh order in accordance with law. Let an appropriate order be passed within a period of three months from the date of receipt of a certified copy of this order.

Resultantly,with the above said observations made and directions issued, the instantpetition stands allowed, however, with no order as to costs..

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umapathi.s

Find complete judgement in the above case

sec 24 RTI.pdf

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