High Court Kerala High Court

K.A.Narayanan vs Union Of India Represented By … on 30 March, 2009

Kerala High Court
K.A.Narayanan vs Union Of India Represented By … on 30 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10163 of 2009(M)


1. K.A.NARAYANAN, (RTD) TECHNICIAN
                      ...  Petitioner

                        Vs



1. UNION OF INDIA REPRESENTED BY SECRETARY,
                       ...       Respondent

2. THE GENERAL MANAGER, SOUTHERN RAILWAY,

3. THE DIVISIONAL RAILWAY MANAGER,

4. CENTRAL PUBLIC INFORMATION OFFICER,

5. PUBLIC INFORMATION OFFICER (P) &

6. APPELLATE AUTHORITY (RIA) & ADDITIONAL

                For Petitioner  :SMT.SHAMEENA SALAHUDHEEN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :30/03/2009

 O R D E R
                       ANTONY DOMINIC, J.
                  -------------------------
                    W.P.(C.) No.10163 of 2009
             ---------------------------------
             Dated, this the 30th day of March, 2009

                          J U D G M E N T

Heard both sides.

2. Challenge in the writ petition is against Ext.P5.

3. Facts of the case are that the petitioner filed Ext.P2

application invoking the Right to Information Act, seeking disclosure

of information about the action that was taken by the respondents

on Ext.P1 notice. Reply was given by the 5th respondent as per

Ext.P3. The petitioner was not satisfied with the reply and therefore

filed Ext.P4 appeal before the 6th respondent. By Ext.P5, the 5th

respondent, who had passed Ext.P3 order, himself has disposed of

Ext.P4 appeal.

4. Thus a reading of Exts.P3 & P5 shows that both the

orders are passed by Shri.N.Govindan, PIO(P) and Senior Divisional

Personnel Officer/PGT. Therefore, there cannot be any dispute that

the original authority has dealt with the appeal also. This is clearly

erroneous and for that reason I quash Ext.P5.

5. The 6th respondent is directed to consider Ext.P4 and

WP(C) No.10163/2009
-2-

pass orders thereon. This shall be done as expeditiously as

possible, at any rate, within four weeks of receipt of a copy of this

judgment.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg