HC PIO order declining info ultra vires: Punjab Infocom

[sidmis]

HC PIO order declining info ultra vires: Punjab Infocom

As Reported in New Kerala

Chandigarh, Jul 6: In what appears to be the first decision of its kind, the Punjab State Information Commission has set aside as ultra vires the order of the Punjab and Haryana High Court's principal information officer (PIO) and the appellate authority concerned in declining an information sought under the Right To Information (RTI) Act, 2005 by an applicant and remanded the case back for deciding the request afresh.

The Commission's order passed by the Chief Information Commissioner Rajan Kashyap and state information commissioner P P S Gill on June 25, 2008 also gave liberty to the applicant to file first and second appeal under the RTI if he was dissatisfied with the order of the PIO of the High Court after remand of the case.
The case relates to applicant Jagdeep Singh Sandhu, a resident of Krishan Nagar, Civil Lines, Ludhiana, who on December 6, 2007 had in a complaint sent to the HC Chief Justice, as also to the chairman of the Punjab Public Service Commission (PPSC) had referred to the selection of Baljinder Singh to the Punjab Civil Service (judicial).
The applicant had alleged that there were criminal cases pending against Baljinder, besides proceedings for the recovery of income tax.
The applicant had sought a certified copy of the form submitted by Baljinder Singh for appearing in the PCS(J) 2007. He also wanted to be intimated about complete details of the progress made on his complaint and certain other related issues.
However, the High Court PIO vide his order dated December 12,2007 declined to supply the information stating the information requested for cannot be supplied in view of rule 4(a) of the rules framed by the Punjab and Haryana High Court under section 28 of RTI Act, known as Punjab and Haryana High Court (RTI) Rules, 2007 restraining information which is not in public domain and is not related to judicial functions and duties of the court.
Applicant Sandhu's appeal against PIO order before the appellate authority of the High Court under the RTI act, was filed on December 18,2007. As there was no order of disposal even after 45 days of filing the appeal, he approached the state Information Commission again on February 5 this year . During this period, the appellate authority of the High Court dismissed his first appeal on March 4 holding that the PIO had rightly declined to provide the information on account of it being exempt from disclosure.

--- UNI

HC PIO order declining info ultra vires: Punjab Infocom @ NewKerala.Com News, India

[slchowdhary]

Can I get hold of PSIC's order ?

[karira]

The order is attached to this post.