(1.) Challenge in the present petition is to the order dated 3.3.2011 (Annexure P-8) passed by the State Information Commission, Punjab (for short, "the Commission"). Learned counsel for the petitioner submitted that seeking certain information pertaining to the members of the Union regarding payment of market fee and rural development fund, application dated 29.11.2010 was filed by respondent No. 3 before the State Public Information Officer. Having come to know about the application filed by respondent No. 3, the petitioner objected to the information being sought by third party. As the application filed by the petitioner was not decided, he filed an appeal before the first appellate authority, namely, the General Manager, Punjab State Agricultural Marketing Board.
(2.) After hearing learned counsel for the parties, the first appellate authority, vide order dated 24.2.2011 (Annexure P-5) directed that the concerned Information Officer should afford opportunity of personal hearing to the petitioner before any information is granted to the applicant-respondent No. 3.
(3.) During the pendency of appeal before the first appellate authority and having knowledge about the pendency thereof, respondent No. 3 bye-passing the remedy of filing appeal before the first appellate authority, taking the plea that the requisite information has not been supplied within the prescribed time, filed an application directly before the Commission, which was treated as a complaint and decided vide order dated 3.3.2011 (Annexure P-8) without notice to the petitioner with a direction that requisite information be furnished within a period of 15 days to respondent No. 3. This is despite the fact that the order passed by the first appellate authority had been produced before the Commission.
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