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2021 DIGILAW 666 (UTT)

Ankur Nagpal v. Dig, Kumaon Division, Nainital

2021-12-14

MANOJ KUMAR TIWARI

body2021
JUDGMENT Manoj Kumar Tiwari, J. - Petitioner's application for renewal of passport has been kept pending, on account of some adverse report received from Local Intelligence Unit of Uttarakhand Police. Petitioner applied to the Local Intelligence Unit under Right to Information Act, 2005 for copy of the adverse report. His application was rejected, on the ground that classified information cannot be disclosed and moreover, Local Intelligence Unit is a notified agency under Section 24 of Right to Information Act, 2005. Petitioner filed an appeal against the said order, which was dismissed by D.I.G. Kumaon Range/Appellate Authority. Petitioner thereafter filed a second appeal before State Information Commissioner. 2. Since State Information Commissioner has become non-functional, on account of vacancy on the position of Chairman/Member, therefore, petitioner has approached this Court seeking the following relief:- "i. To issue a writ, order or direction in the nature of Ceritorari, calling for the original records and set aside the impugned order of the Respondent dated 08.11.2021 (Annexure No.1); and allow the appeal of the Petitioner dated 29.09.2021 (Annexure No. 5)." 3. After arguing for a while, learned counsel for the petitioner sought permission to withdraw the writ petition with liberty to approach the Regional Passport Office by making an application under Section 6 of Right to Information Act, 2005. 4. In such view of the matter, the writ petition is dismissed as withdrawn with liberty as above.