MEMBER SECRETARY Vs. KARNATAKA STATE INFORMATION

JUDGEMENT

(1.) Calling in question the order dtd. 30/6/2016, passed by respondent No.1. in No. 2015, the State has come up with this writ petition.

(2.) Respondent No.2 filed an information application before the Member Secretary, Assistant Public Prosecutor-cum-Assistant Government Pleader Recruitment Committee, seeking certified copy of the Answer Book-let(Main Examination) held on 31-08-20913 and 1/9/2013 written by him with Registration No.1357. The Public Information Officer rejected the said application. On account of the same, respondent No.2 filed an appeal before the appellate authority, namely, respondent No.1 in Appeal DPN/ HQA/RTI/29/2014/15. After hearing, respondent No.1 rejected the said appeal against which, respondent No.2 filed a second Appeal under Sec. 19(3) of the Right to Information Act. Respondent No.1 passed the following order on 30/6/2016.

(3.) The learned AGA contends that even though respondent No.2 sought for certified copy of the answer scripts written by him in the examination held for the selection of Assistant Public Prosecutor on 31/8/2013 and 1/9/2013, in view of the matter being investigated by the Lokayukta police and the original answer scripts having already been seized by the Lokayukta police, the grant of certified copy of the answer scripts of the respondent No.2 to him, would impede the process of investigation and therefore it falls within the exemption under Clause(h) of sub-Sec. (1) of Sec. 8 of the Right to Information Act, 2005 and accordingly, the writ petition is entitled to succeed.