JAGRATI SHARMA Vs. STATE INFORMATION COMMISSIONER, HARYANA

JUDGEMENT

(1.) This is an intra court appeal, under Clause X of the Letters Patent, against the judgment dtd. 6/3/2019 passed by the learned Single Judge, vide which the writ petition i.e. CWP-22358-2015, preferred by Dr. Jagrati Sharma-petitioner (appellant herein) against the order dtd. 27/7/2015 (Annexure P-6) passed by the State Information Commission, Haryana, has been dismissed.

(2.) Brief facts of the case are that the petitioner-appellant is employed as a Dental Surgeon at Uchana Lake Dispensary, Karnal. She lodged a criminal case bearing FIR No.24 dtd. 15/1/2015 at Police Station, Sadar, Karnal, against respondent No.4-Dr. Vipul Gupta son of Satya Prakash Gupta, who is also working as a Medical Officer and is posted at Civil Dispensary, Mewat. In that case, charges were framed against respondent No.4 on 28/4/2015. As per appellant, with an intention to harass, humiliate and tarnish her image, respondent No.4 had been filing false complaints against the appellant, including various applications under the Right to Information Act, seeking her personal information. In continuation of this, Shri Satya Prakash Gupta-respondent No.5 (father of respondent No.4) filed an application under the Right to Information Act, on 2/2/2015, out of vengeance and personal vendetta. The intent and purpose of this harassment is to pressurize the petitionerappellant to enter into a compromise in the criminal case or to force her to withdraw the said FIR, registered against him. By filing the application dtd. 2/2/2015 (Annexure P-2) addressed to the Deputy Civil Surgeon-cum-State Public Information Officer, Karnal, respondent No.5 sought information which is absurd, irrelevant and uncalled for, which relates to the personal information of the petitioner-appellant. There is no public interest involved therein.

(3.) When no information was supplied by the Deputy Civil Surgeon-cum-State Public Information Officer, Karnal-respondent No.2, within the time stipulated, respondent No.5-Shri Satya Prakash Gupta filed his first appeal, in which third party comments were sought from the present appellant. Written objections were filed by her on 16/3/2015. Thereafter, parties were given personal hearing and order dtd. 13/4/2015 (Annexure P-5) was passed by the First Appellate Authority-cum-Civil Surgeon, Karnal, dismissing the appeal and rejecting the application filed by respondent No.5 on the ground that the information sought by him (respondent No.5) was related to personal information of the petitionerappellant and it was filed with an intention to mentally pressurize her. Against the said order, respondent No.5 filed second appeal before the State Information Commission, Haryana, which was decided on 27/7/2015 (Annexure P-6). It was ordered to supply some of the information, as sought for by respondent No.5. Petitioner-appellant challenged the said order by filing CWP No.22358 of 2015, which was dismissed by the learned Single judge of this Court vide impugned order dtd. 6/3/2019. Hence, the present appeal.