BRAHMAPUTRA CARBON LIMITED Vs. CENTRAL INFORMATION COMMISSIONER

JUDGEMENT

(1.) The instant writ petition has been filed challenging the order dtd. 27/5/2014 passed by the respondent No.1 as the Second Appellant Authority under the Right to Information Act, 2005 whereby the decision of the First Appellate Authority under the Right to Information Act, 2005 dtd. 15/12/2011 was upheld.

(2.) The facts involved in the instant case is that the respondent No.4 herein had filed an application before the Central Public Information Officer, Office of the Assistant Commissioner of Central Excise, G. S. Road, Bhangagarh on 1/9/2011 seeking various information under the provisions of Right to Information Act, 2005.

(3.) A perusal of the said information so sought for would show that the said information pertains to granting of the eligibility status of the petitioners' Company under the Industrial Policy of 1997 and the exemption to be granted in terms with the Central Excise Notification No.33/99-CE and Notification No.32/99-CE, both dtd. 8/7/1999 and the orders passed by the public authorities. It reveals from the records that the said application was rejected by the Public Information Officer, i.e. the respondent No.3. Thereupon, the respondent No.4 preferred an appeal before the First Appellate Authority, i.e. the respondent No.2. The respondent No.2 vide an order dtd. 15/12/2011, taking into account that the information so sought for were in respect to certain actions and orders being passed by the public authorities which can be revealed under the Right to Information Act, 2005 directed the respondent No.3 to provide copies of all documents containing the information sought for by the respondent No.4 within 30 days of the receipt of the said order subject to realization of the appropriate fees as laid down in the Right to Information (Regulation of Fee and Cost) Rules, 2005. The petitioners herein being aggrieved preferred a second appeal before the respondent No.1 and the second appeal was dismissed vide an order dtd. 27/5/2014 thereby affirming the order passed by the First Appellate Authority. Being aggrieved, the petitioners are before this Court under Article 226 of the Constitution.