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Judgment
Alok Kumar Verma, J
An Appeal (Appeal No.22629 of 2016) under Section 19(3) of the Right to Information Act, 2005 was filed by the respondent no.4. The Uttarakhand Information Commission, Dehradun vide impugned order dated 20.04.2017 directed to lodge an FIR. Acting as per order dated 20.04.2017, the respondent no.3, through his letter dated 25.05.2017 (Annexure No.13 to the writ petition), directed the Manager, K.L.D.A.V. Inter College, Roorkee to lodge an FIR against the petitioner.
The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers: -
“(i) Issue a writ, order or direction to quash the impugned order dated 20.04.2017 passed by the respondent no.1 in appeal no.22629 of 2016, Shri Rajkumar @ Teetu v. Public Information Officer & another (contained as Annexure No.11 to this writ petition).
(ii) Issue a writ, order or direction to quash the order/ letter dated 25.05.2017 issued by the respondent no.3 to the Manager, K.L.D.A.V. Inter College Roorkee (contained as Annexure No.13 to this writ petition).
(iii) Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondent nos.1 to 3 not to lodge FIR against the petitioner on the basis of order dated 20.04.2017 passed by the respondent no.1 and further not to initiate any proceedings to terminate the services of the petitioner.
(iv) Issue any other relief, which this Hon’ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner.
(iv) Issue any other relief, which this Hon’ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner.
Heard Mr. Tapan Singh, learned counsel for petitioner and Mr. K.S. Mehta, learned Additional Chief Standing Counsel for State.
Mr. Tapan Singh, Advocate, has relied on an order dated 04.01.2018, passed by the coordinate Bench of this Court in WPMS No.531 of 2011. The relevant portion of the order of the coordinate Bench is reproduced hereunder: -
“Petitioner is aggrieved by the order dated 05.04.2011, whereby the State Information Commissioner has ordered the registration of FIR against the petitioner.
There is no provision in the Right to Information Act, 2005, giving jurisdiction to the State Information Commissioner to order registration of FIR.
There is no provision in the Right to Information Act, 2005, giving jurisdiction to the State Information Commissioner to order registration of FIR.
Accordingly, the writ petition is allowed. Impugned order dated 05.04.2011 is quashed and set-aside.”
Mr. Tapan Singh, Advocate, requested to decide the present writ petition in the light of the said order dated 04.01.2018.
Mr. K.S. Mehta, learned Additional C.S.C., on instructions, submitted that the said order dated 04.01.2018 has attained finality.
In view of the above, the impugned order dated 20.04.2017, passed by the Uttarakhand Information Com missioner, Dehradun, regarding the direction to lodge the FIR, and the instructions dated 25.05.2017, issued by the respondent no.3, the Chief Education Officer, Haridwar, regarding lodging FIR in compliance with the order dated 20.04.2017, are quashed and set aside.
The present Writ Petition (M/ S No.1548 of 2017) is disposed of accordingly.
It is made clear that the respondents would be free to take action in the matter, if requires, but, as per the law.