HARYANA PUBLIC SERVICE COMMISSION Vs. STATE INFORMATION COMMISSION

JUDGEMENT

(1.) THIS petition filed under Art.226 of the constitution challenges order dated 2-4-2008 (Annexure - P - 7) allowing the application filed by Sh. Dalip Singh Gill respondent No.2 seeking two types of information from the petitioner. The State Information Commission, Haryana, has allowed the application by directing the petitioner - Haryana Public Service Commission (for brevity 'the HPSC') to furnish the following information :

(2.) IT is appropriate to mention that the daughter of the applicant - respondent No. 2 has filed C. W. P. No. 7760 of 2007 apparently challenging selection and appointment of some persons on the post of Assistant Engineer (Electrical). He has sought information for use of prosecuting the writ petition. The operative part of the order issuing direction to the petitioner to supply two types of information, referred to above, reads thus : -

(3.) WE have bestowed our thoughtful consideration on the submission made by learned counsel for the petitioner. However, we have not been able to persuade ourselves to accept the submission made by him. It is well settled that right to know and access to information is a part of fundamental right under Art.19(1)(a) of the Constitution. The aforementioned view has been reiterated by a Constitution Bench of the Supreme Court in the case of M. Nagaraj v. Union of India, 2006 (8) SCC 212 : AIR 2007 SC 71. The right to information has been read into the fundamental right guaranteed by Art.19(1) (A) and 19(2) which deals with freedom of speech and expressions. Similar view has been expressed by the Hon'ble Supreme Court in the case of People's Union for Civil Liberties v. Union of India, 2004 (2) SCC 476 : AIR 2004 SC 1442. In para 48 of the judgment the Supreme Court has observed as under :