23 Hours Ago
The above mentioned view clearly highlights the practical problem of implementing various landmark orders of the Information commission.
However, the constitution of India, clearly provides the provision under article 226(3) for expeditious disposal of stays/ injunctions granted by the high courts.
The relevant portion of the article 226(3) is given below -
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated
Moreover, Allahabad High court in CASE NO.: WRIT - C No. 5794 of 2006 - Shanker & Others vs State Of U.P. & Others -DATE OF JUDGMENT: 1/31/2006 - has ruled that - Stay order passed without hearing the caveator is void in law -
Hence, after getting any favorable order from Information commission, the procedure is to file a caveat petition in the High court, so that in case of any possibility of the opposite party likely to get stay, it will not be granted without hearing the caveator.
If in any case, the opposite party obtains stay / injunction in violation of any of the above mentioned provisions of article 226 of the constitution, the same may be highlighted before the high court, including the judgment of the allahabad high court mentioned above, so that the stay granted by the high court due to procedural defect having a substantial prejudice to the opposite party, gets vacated.