LOKESH CHANDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition challenges the order passed by the State Information Commissioner, Nagpur Region in second appeal under the Right to Information Act, 2005.

(2.) The facts are as follows-Respondent No. 4 herein applied to 'respondent No. 6-the Public Information Officer General Administration Department, Mumbai to supply the information of assets and liabilities of the petitioners. Respondent No. 4 was informed by respondent No. 6 that such information cannot be supplied as that would invade the privacy of individual. An appeal was preferred before the first Appellate Authority, who also rejected the appeal. Respondent No. 4, therefore, preferred second appeal before the State Information Commissioner, Nagpur Division. The Commissioner directed the information to be supplied. The order was challenged before this Court by the petitioners and this Court set aside the order and directed the Commissioner to decide the preliminary objections raised by the petitioners in the second appeal before the Commissioner. Respondent No. 3-The State Information Commissioner rejected the objection. He found that the Chief Information Commissioner had no right to issue an administrative order that Chief Information Commissioner would alone hear the appeals in such matters. The petitioners feel aggrieved by the said order.

(3.) I have heard the learned Counsel for the petitioners as well as all the respondents. All respondents except respondent No. 3 support the contention of the petitioners that the Chief Information Commissioner alone can hear the appeal such as the present one as per the order passed by him on 5/2/ 2007 (Annexure F).