Devi Prasad Painuly v. State Information Commissioner
2016-01-14
SUDHANSHU DHULIA
body2016
DigiLaw.ai
JUDGMENT : Hon’ble Sudhanshu Dhulia, J. The petitioner is a Village Panchayat Development Officer, Village Baunsari, Post Office-Lamgaon, Tehsil-Pratap Nagar, District Tehri Garhwal. Certain information was sought from Office of the Village Panchayat by Sumer Singh – Respondent no. 3 and the information which was supplied to him was not satisfactory. Consequently, he moved a first appeal and thereafter second appeal before the State Information Commissioner, Dehradun. During the pendency of the second appeal, the State Information Commissioner has passed an order dated 11.12.2015 exercising powers under Section 18 of the Right to Information Act, 2005 whereby inter alia he has directed that a First Information Report be filed against the petitioner and has also directed the superior authorities of the petitioner to initiate disciplinary proceedings against him. According to the learned counsel for the petitioner, the State Information Commissioner has exceeded his jurisdiction, as the order dated 11.12.2015 passed by him is beyond its jurisdiction and such powers are not given to the State Information Commissioner under the Act. Prima facie the contention of the petitioner appears to be correct. Until further orders of this Court, the operation and effect of the order dated 11.12.2015 passed by the State Information Commissioner shall remain stayed. Issue notice to respondent no. 3. Steps to be taken within a week. The respondents shall file counter affidavit within a period of three weeks. The petitioner may file rejoinder affidavit thereto within a period of three weeks thereafter. List this matter after winter vacation in the daily cause list. Consequently, urgency application (IA No. 236 of 2016) and stay application (CLMA No. 514 of 2016) stand disposed.