Board Of Sec. Education. Manipur & Anr vs State Chief Information Commissioner

R.S., CJ

The writ petition is filed by the Board of Secondary Education,

Manipur for the following relief:-

"i) to admit this petition;

ii) to issue a Rule Nisi;

iii) to call the records of the Complaint Case No.76 of 2010 from the State Chief Information Commissioner, Manipur.

iv) to peruse the same and the impugned order dated 14.7.2010 (Annexure-A/10) passed in Complaint Case No.76 of 2010 passed by the Respondent No.1 be set aside; and

v) to pass any order, direction which the Hon'ble Court may deem fit and proper in the circumstances of the case as the ends of justice may call for ."

Notice was issued on 23.7.2010.

Admit.

The writ petitioner, Board is aggrieved by the impugned proceeding dated 14th July, 2010. The respondent filed an application under Right to Information Act, 2005 seeking certain documents which were not given . Therefore, the private respondent approached the State Chief Information Commission by filing a Complaint case No.76 of 2010 which came to be allowed on 14.7.2010.The grievance of the petitioner is that there is a right to appeal provided under the Right to Information Act, 2005 to the higher forum which has not been exhausted by the petitioner.

Learned counsel for the petitioner relied on a decision of this Court passed in W.P(C) No.352 of 2011 on 14.3.2019. The facts in the cited case as well as in the present case are identical.

Respondent seeks liberty to move the appropriate forum, if still aggrieved.

The order dated 14.3.2019 passed in W.P(C) No. 352 of 2011 reads as follows:-

"Mr. N. Ibotombi, learned senior counsel appears for the petitioner and Mr. M. Rakesh, learned counsel appears for the respondents.

Writ petition has been filed challenging the order of the State Chief Information Commissioner, Manipur. The case of the petitioner is that respondent filed an application under the Right to Information Act to the Secretary, Board of Secondary Education, Manipur. As the information was not given, the respondent was forced to file Complaint Case No. 136 of 2010 before the Manipur State Information Commission. On the basis of the complaint, impugned order (Annexure - A/7) dated 30.04.2011 was passed directing the petitioner to furnish the information sought for by the Department.

Mr. N. Ibotombi, learned senior counsel appearing for the petitioner states that if the Secretary, Board of Secondary Education, Manipur does not give the information sought for under the Right to Information Act, appeal will lie to the Chairman, Board of Secondary Education, Manipur as per order of the Governor, Manipur dated 11.04.2018.

Mr. M. Rakesh, learned counsel appearing for the respondents states that if the respondents still need the information, he will approach the appellate authority for appeal remedy.

On the plea of appeal remedy, Mr. N. Ibotombi, learned senior counsel relies upon the decision of Hon'ble Supreme Court in Chief Information Commissioner & Anr. -vs- State of Manipur reported in AIR 2012 SCC 864.

Since the impugned order passed by the State Chief Information Commissioner is contrary to the above order, the same is set aside by giving liberty to the respondents to proceed in accordance with law. It is open to the respondents to pursue the appeal remedy within a period of 30 (thirty) days from the date of receipt of a copy of this order.

Writ petition is disposed of as above."

In view of the above infirmity, the impugned order is set aside giving liberty to the private respondent to proceed in accordance with law. It is open to the respondent to pursue the appeal remedy within 30 days from the date of receipt of a copy of this order.

The writ petition stands allowed and disposed of as above.