M.P. MANJUNATH Vs. KARNATAKA INFORMATION COMMISSION

JUDGEMENT

(1.) PETITIONER is working as a Co -operative Development Officer in the Department of Co -operation, Government of Karnataka. 3rd respondent made an application under Section 6 of the Right to Information Act, 2005 (for short, 'the Act'), on 23 -9 -2013 to issue information relating to the entire service of the petitioner in the Co -operation Department. The application having been submitted before the 2nd respondent and the information having not been furnished and issued Annexure -D, the 1st respondent was approached by way of a complaint vide Annexure -E for relief. The 1st respondent having passed the order bearing No. KIC 10561 PTN 2013, dated 20 -5 -2014, as at Annexure -F, this writ petition was filed to quash the said order. Smt. Leela Devadiga, learned Advocate, appearing for the petitioner contended that:

(2.) SRI G.B. Sharath Gowda, learned Advocate for respondent 1, on the other hand, submitted that statement of objections was not filed to the complaint lodged before the Commission by respondent 3 and in the circumstances, the Commission is justified in allowing the complaint and directing the furnishing of a copy of the service register of the employee, who is a public servant. Learned Counsel further submitted that in the facts and circumstances of the case, no interference with the impugned order is called for.

(3.) RESPONDENT 3 had sought information on 23 -9 -2013 by submitting an application vide Annexure -A. The said application having been forwarded by the Registrar of Co -operative Societies to the 2nd respondent -Competent Authority, petitioner was issued with a notice, as at Annexure -B, by the said Competent Authority, calling upon the petitioner to reply as to whether such information can be provided. The Public Information Officer, considering the reply of the petitioner, rejected the information sought by the 3rd respondent vide Annexure -D, stating that the requested information cannot be provided unless there exists a larger public interest. The applicant/respondent 3, without availing the appeal provision provided under Section 19 of the Act, having filed a complaint dated 28 -10 -2013 under Section 18(1) of the Act, vide Annexure -E, the Commission has passed the order on 20 -5 -2014 vide Annexure -F.