SHYAM SUNDER GOEL Vs. STATE INFORMATION COMMISSION

JUDGEMENT

(1.) Prayer in the petition under Article 226 of the Constitution of India is for the issuance of a writ in the nature of Certiorari for setting aside order Annexure P-1 dated 05.09.2019 passed by the State Information Commission Haryana holding the appeal filed by the petitioner not maintainable under the provisions of the Right to Information Act, 2005 (hereinafter referred to as the Act).

(2.) That the brief facts of the case as set out in the writ petition are that aggrieved by encroachments by street vendor's and rehri mafia at prominent public places, the petitioner filed an application before the SPIO, office of MLA, Assembly Constituency - Ambala City i.e. Annexure P-2 seeking the following information: -

(3.) That no reply was received by the petitioner to the application Annexure P-2 within the stipulated period of 30 days from the concerned SPIO. Consequently the petitioner filed 1st appeal before the concerned 1st appellate authority i.e. Annexure P-3 dated 15.07.2019. However no reply was received by the petitioner within the stipulated period of 30 days to the 1st appeal filed by him. Consequently the petitioner filed 2nd appeal, Annexure P-4 dated 16.08.2019 before the respondent under the provisions of the Act. However the same was dismissed by the respondent vide order Annexure P-1 dated September 5-19 on the ground of non-maintainability as the petitioner had sought information from the State Public Information Officer - Member of Legislative Assembly (MLA), Ambala City, Shri Aseem Goel and a member of the legislative assembly was not a Public Authority in terms of Section 2 (h) of the Act.