L. FANAI Vs. UTTARAKHAND INFORMATION COMMISSION

JUDGEMENT

(1.) THE Petitioner states that he was the District Magistrate of Udham Singh Nagar between 22 -5 -2007 to 16 -6 -2008. It was during this period that an information under Right to Information Act was sought from the Public Information Officer of the district, which at the relevant time was the Tehsildar, Kashipur by one Shri Omkar Deep Singh regarding information of certain "receipts", as to whether these receipts have been issued by the office of Tehsildar or not.

(2.) IT appears that the information was being against the illegal transfer of land and certain receipts ostensibly issued from the office of Tehsildar, Kashipur were in question and, therefore, such an information was being sought. Since, no satisfactory information was given to Respondent No. 2 at the relevant time, he was constrained to file a first appeal and consequently second appeal before the Information Commission. Therefore, the Information Commission, vide his order dated 28 -11 -2007, not only directed the Public Information Officer to furnish the relevant information but also directed the District Magistrate, Udham Singh Nagar i.e. the Petitioner to constitute an enquiry into the matter.

(3.) WHETHER such a ground for not proceeding with the enquiry is at all tenable, this Court is not saying anything since this is not material at this stage before this Court. All the same, on this aspect, Respondent No. 2 again sought information from the Public Information Officer and finally being dissatisfied he filed an appeal and consequently a second appeal before the Information Commission.