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SCA/9409/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9409 of 2011
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HIGH
COURT OF GUJARAT - Petitioner(s)
Versus
GUJARAT
INFORMATION COMMISSION & 1 - Respondent(s)
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Appearance :
MR
SHALIN N MEHTA for Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
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CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 01/08/2011
ORAL
ORDER
Heard
Mr.Shalin N.Mehta, learned advocate for the petitioner. It is
submitted by him that the impugned order dated 04-07-2011 has been
passed by the Chief Information Commissioner, Gujarat Information
Commission (respondent No.1), without considering the contention
raised by the petitioner to the effect that respondent No.2 had not
exhausted the remedy of filing an Appeal against the order of the
Public Information Officer, as provided in Section 19(1) of the
Right to Information Act, 2005. This contention of the petitioner is
based on the Scheme of the Right to Information Act, 2005, which has
been totally over-looked and ignored by respondent No.1 and the
petitioner has been directed to provide the information collected on
point No.A to the complainant, free of charge, within 15 days from
the date of receipt of the impugned order.
Notice,
returnable on 29-8-2011. Ad interim relief in terms of paragraph
15(C) is granted, till then.
In
addition to the normal mode of service, direct service is also
permitted.
(Smt.Abhilasha Kumari,J)
arg
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