Chief Justice's Court Case :- SPECIAL APPEAL No. - 465 of 2010 Petitioner :- Brahm Singh Respondent :- State Information Commissioner, Lucknow And Others Petitioner Counsel :- N.L. Pandey Respondent Counsel :- C.S.C. Hon'ble Amitava Lala,Acting Chief Justice Hon'ble Ashok Srivastava,J.
In this special appeal, order of the learned Single Judge dated
22.03.2010 is challenged. The learned Single Judge has held that
under the provisions of the Right to Information Act, 2005, which
is self-contained Act, which provides the power to impose
penalties in an appropriate case for non-furnishing of the
informations. Thereby, the learned Single Judge has held since
once the Act in question is self-contained Act, and penal clause is
there with further authority to undertake disciplinary action and
punish such an incumbent, then there is no occasion to issue any
direction vis-a-vis under the Right to Information Act, 2005.
According to us, the decision of the learned Single Judge is
correct. Two simultaneous process cannot be adopted by the writ
Court to issue a writ of mandamus and at the same time direct the
authority to proceed in accordance with law even for imposing
penalty due to non-supply of the available documents. When the
Act in question is self-contained, then it is self contained in all
possible manner irrespective of the factum, which has been taken
by the learned Counsel appearing for respondent no.5 that
respondent no.5 is a private body to which the Right to
Information Act, 2005 cannot be held to be applicable. We are not
going to that bar, but we hold and say that judgment and order
passed by learned Single Judge is correct, which does not require
any interference in the special appeal, therefore, the same is
dismissed without imposing any costs.
Order Date :- 2.4.2010
VMA