VILLAGE PANCHAYAT OF CONDOLIM Vs. BETTY ALVARES

JUDGEMENT

(1.) Heard Shri Sardessai, learned Counsel appearing for the Petitioner and Smt. Agni, Learned Counsel appearing for the Respondent No. 1. The Above Appeal challenges the Orders passed by the learned Administrative Tribunal dated 28.04.2003 and the Order dated 16.01.2004, whereby the Appeal preferred by the Respondent No. 1 challenging an Order passed by the Secretary of Panchayat under the Goa Right to Information Act, 1997, came to be allowed. The subsequent Order passed by the learned Tribunal dated 16.01.2001 was dismissing the application for review filed by the Petitioner.

(2.) Shri Sardessai, Learned Counsel appearing for the Petitioner, has assailed the impugned Order essentially on the ground that during the course of the arguments before the Tribunal, a contention was raised by the Petitioner to the effect that the Respondent No. 1 was a foreign citizen and as such, not entitled for the information sought from the Secretary of the Village Panchayat. Learned Counsel further pointed out that as the said point was not considered by the learned Judge, the application for review came to be filed by the Petitioner which was dismissed by the learned Tribunal by Order dated 16.01.2004. The Learned Counsel has taken me through the Order passed in the review application and pointed out that the learned Judge has accepted that the said submission which was advanced by the Petitioner but, however, refused to review the Order on the spacious ground that it could not be considered to be an error apparent on the face of record. Learned Counsel further pointed out that this submission of the Petitioner goes to the root of the matter as maintainability of the application of the Respondent no. 1 to seek information would be in question. Learned Counsel as such submits that the matter be remanded back to the Tribunal to decide the Appeal preferred by the Respondent No. 1 afresh after giving due consideration to the said submissions.

(3.) On the other hand, Mrs. Agni, Learned Counsel appearing for the Respondent No. 1, has pointed out that though the Respondent No. 1 was a foreign citizen at the relevant time she has now been issued by the concerned authorities a certificate that she is an overseas citizen of India. Learned Counsel further pointed out that in any event, at the relevant time, the Respondent No. 1 was entitled to obtain such information. Learned Counsel further pointed out that there is no bar under the said Act which forbids a foreign citizen from seeking such information. However, the Learned Counsel does not dispute that the Petitioner has raised the contention which was not dealt with by the learned Judge whilst passing the impugned Judgment. Learned Counsel as such submits that taking into consideration that the Petition is pending before this Court for more than five years and in case the matter is remanded back to the learned Tribunal to decide the Appeal afresh, the same be directed to be disposed of as expeditiously as possible.