R VISWANATHAN Vs. S SANKARANARAYANAN S/O SETHURAMALINGAM

JUDGEMENT

(1.) The appellant is the second respondent in the Writ Petition in W.P(MD)No.14838 of 2012, which was filed by the Principal-cum-Public Information Officer of Sri Kumaragurupara Swamigal Arts College, Srivaikundam, challenging the order, dated 26.09.2012 relating to case No.13926/Enquiry/D/2012. It is seen that another Writ Petition in W.P(MD)No.8373 of 2012 has been filed challenging the order in which the Principal of the College, designated as Public Information Officer as illegal and ultra virus of Section 5(1) of the Right to Information Act, 2005. Both the Writ Petitions were allowed, but the challenge is made against the order in W.P(MD)No.14838 of 2012 only.

(2.) The appellant/second respondent herein is the erstwhile employee of the College, who is compulsorily retired from service.

(3.) From the perusal of the records, it is seen that the appellant/second respondent had sought for certain information from the College by making an application under RTI Act on 28.01.2012. The Public Information Officer, namely the Principal, gave a reply to the appellant/second respondent on 31.01.2012 stating that since the information sought for regarding item Nos.6 and 7 does not fall under the purview of the Public Information Officer of Sri Kumara Gurupara Swamigal Arts College, Srivaikuntam, it has to be forwarded to Sri Kumara Gurupara Educational Agency, Tirupanandal, Tanjore District. Aggrieved over the same, the appellant/second respondent had preferred first Appeal before the Joint Director of Collegiate Education on 08.02.2012. On 15.02.2012, further information was given to the appellant/second respondent by the Public Information Officer. On 29.02.2012, the appellant/second respondent sent a representation to the first respondent/writ petitioner. Even without waiting for the outcome of the first appeal, the appellant/second respondent has preferred Second Appeal before the Tamil Nadu State Information Commission ie., the second respondent herein on 19.02012. On 15.06.2012, the Tamil Nadu State Information Commission has passed an order directing the first respondent/writ petitioner to furnish information for item Nos.2 and 8. The said order was received by the College/Principal/Information Officer on 206.2012. Though it is stated that within fifteen days from the date of passing of the order, information has to be furnished, it was furnished only on 06.07.2012. There was yet another order passed by the Tamil Nadu State Information Commission on 26.09.2012 in case No.13926/Enquiry/D/2012, directing the first respondent/writ petitioner to furnish information regarding item Nos.2, 4, 6 and 9 within a period of ten days. This order was challenged by the first respondent/writ petitioner-Principal cum Public Information Officer.