SHAHEER CHINGATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Many a time now grievances are impelled before this Court by applicants for information, under the Right to Information Act, that the Public Information Officers (PIO for short hereinafter) are declining information sought, merely stating that such information is not available with them and that the Appellate Authorities under the Act are offering imprimatur to such position without first assessing if the concerned Public Authorities are bound in law to maintain such information statutorily.

(2.) The petitioner in this writ petition has voiced such a specific concern, since he alleges that the Statutory Appellate Authorities, whose orders are impugned herein, have approved the action of the PIO, in having rejected his application for certain information solely stating that such information is not available in the concerned office; and according to him, this stand is flawed and fallacious because the concerned office was statutorily bound to maintain the information sought for on their files; thus axiomatically that the denial of the information is illegal and contrary to the mandate of the Act.

(3.) The petitioner, who claims to be a public-spirited person interested primarily in the maintenance and enhancement of standards of public education in Kerala, made Exhibit-P2 application for certain information from the Office of the Deputy Director of Pachayaths, Malappuram, which was, however, declined by the Public Information Officer, attached to the said Authority, stating that such information is not available nor required to be maintained in the said office.