DEEP PUBLIC SCHOOL Vs. CENTRAL INFORMATION COMMISSION

JUDGEMENT

(1.) DEEP Public School has filed the present writ petition impugning order of the Information Commissioner dated 7th November, 2008. By the said order, Director of Education, Government of NCT of Delhi has been directed to collect information from the petitioner and furnish the same to the information seeker, Ms. Sobha Upadhayay, respondent No. 4 herein. Ms. Sobha Upadhayay is a teacher in the petitioner school, who is presently under suspension and is facing enquiry proceedings.

(2.) THE impugned order dated 7th November, 2008 suffers from two infirmities. Firstly, it is a non-speaking order and secondly the impugned order was passed without notice to the third parties, i. e. the petitioner and ms. Sangeeta Paul, Principal of the petitioner school about whom certain information was sought by the respondent No. 4. On these two grounds, the impugned order cannot be sustained and has to be set aside. Reference in this regard can be made to Sections 11 and 19 (4) of the right to Information Act, 2005 (hereinafter referred to as the Act, for short ). Normally, in such circumstances, the matter is required to be remanded back to the Information Commissioner for fresh adjudication in accordance with law. However, in the present case, learned counsel for the petitioner has drawn my attention to the application filed by Ms. Sobha upadhyay dated 21st August, 2007, wherein the following information and details were asked for:-

(3.) NOT satisfied with the information furnished by the Public information Officer and the first appellate authority, the respondent No. 4, ms. Sobha Upadhyay had filed a second appeal before the Central information Commission. The Central Information Commission dismissed the said appeal filed by the respondent No. 4 vide order dated 27th March, 2008 recording as under:-