BALJEET SINGH Vs. PIO, INDUSTRIAL TRAINING INSTITUTE

JUDGEMENT

(1.) The challenge in this petition is to an order passed by the CIC dated November 24, 2015, whereby the CIC has directed the respondent no.1 herein to provide to the respondent no.2, OBC certificate of the petitioner.

(2.) The challenge to the order is on the ground that respondent no.2 is a neighbor and co-sharer in the property of the petitioner and has no cordial relationship due to a property dispute. Therefore, in order to harass and put pressure on petitioner and his family to come for a settlement in the property dispute, an application for seeking information has been filed. According to the petitioner, respondent no.2 is not a bona fide information seeker for the said reason.

(3.) It is contended by the learned counsel for the petitioner that the CIC has failed to appreciate that neither the PIO nor the Appellate Authority has disposed of the RTI Application, therefore, in the absence of any decision taken by any authority, the appeal before the CIC was not maintainable. Hence, the CIC without considering the background of the case, and the fact personal information is protected under Section 8 of the RTI Act directed the Department of the petitioner to supply the same while passing the impugned order, which is untenable.