CHHATTISGARH BOARD OF SECONDARY EDUCATION, RAIPUR Vs. PUBLIC INFORMATION OFFICER, C G BOARD OF SECONDARY EDUCATION, PENSION BADA, RAIPUR (C G )

JUDGEMENT

(1.) Mr. D.S.N. Rao, respondent No.4 herein, invoking the provisions of the Right to Information Act, 2005 (for short, 'the RTI Act'), sought certain information relating to third party namely Mr. Tapan Chatterjee, Section Officer working in the petitioner Board, relating to his travelling allowance along with other bills which was not provided by the Public Information Officer, but on appeal being preferred, the first appellate authority partly allowed the appeal directing disclosure of information except the confidential visit and in further appeal laid by respondent No.4 herein, the Chhattisgarh State Information Commission directed disclosure of full information as claimed in the application leading to filing of this writ petition by the Chhattisgarh Board of Secondary Education stating inter alia that such an information directed to be disclosed by the State Information Commission is protected under Section 8(1)(j) of the RTI Act and, therefore, the order of the State Information Commission affirming the order of the first appellate authority deserves to be set aside.

(2.) Though respondent No.4 has appeared, but no return has been filed, however, respondent No.4 has supported the order passed by the State Information Commission.

(3.) Mr. H.B. Agrawal, learned Senior Advocate appearing for the petitioner Board, would submit that the information sought for relating to travelling allowance of the Board Officer is protected by Section 8(1)(j) of the RTI Act as well as the order is hit by the provisions contained in Section 11 of the RTI Act, as it relates to third party, but no opportunity of hearing has been given to that officer before imparting information relating to said third party, therefore, the order impugned deserves to be quashed.