MAHENDER SINGH CHAWLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus directing respondent No.3 to comply with the order dtd. 13/9/2023 (Annexure P-6) passed by respondent No.2.

(2.) Learned counsel for the petitioner has submitted that the second statutory appeal filed by the petitioner was disposed of vide order dtd. 13/9/2023 in the following terms:-

(3.) It is submitted that in spite of the said order and in spite of the petitioner filing the rejoinder (Annexure P-14), the required information has not been supplied to the petitioner. It is further submitted that the State Information Commission vide letter dtd. 12/10/2023 (Annexure P-10) had asked the State Public Information Officer to send the compliance report in pursuance of the order dtd. 13/9/2023 and in the said letter, it was stated that in case the same was not done then the penal action under Sec. 20(1) of the Right to Information Act, 2005 (hereinafter to be referred as 'the 2005 Act') would be initiated against the State Public Information Officer. It is contended that the information has not been given till date and the order dtd. 13/9/2023 has not been complied with till date and, therefore, the petitioner had given a representation dtd. 15/1/2023 (Annexure P-15). It is further contended that in the said representation, prayer had been made for taking action under Sec. 19(8) of the 2005 Act and also Sec. 20 of the 2005 Act and a further prayer had been made for registration of FIR which the petitioner is now not pressing. It is also contended that the petitioner would submit an appropriate application before the State Information Commission for taking action under Sec. 20 and also seeking compensation without making a prayer for the registration of FIR and has submitted that the State Information Commission be directed to consider the said application in a time bound manner.