ASEEM TAKYAR Vs. STATE INFORMATION COMMISSION

JUDGEMENT

(1.) Prayer in this writ petition is for quashing of order dated 28.06.2017 (Annexure P-2) passed by the State Public Information Officer, Haryana Vidhan Sabha-respondent No. 3, order dated 21.08.2017 (Annexure P-3) passed by the First Appellate Authority-cum-Deputy Secretary, Haryana Vidhan Sabha Scretariat-respondent No. 2, order dated 07.12.2017/08.12.2017 (Annexure P-5) passed by the State Public Information Officer, Haryana Vidhan Sabha-respondent No. 3 and order dated 20.06.2018 (Annexure P-6) passed by the State Information Commission, Haryana, whereby the application moved by the petitioner for supply of information under the Right to Information Act, 2005 (hereinafter referred to as 'RTI Act'), has been declined.

(2.) Appeal preferred by the petitioner before the First Appellate Authority-cum-Deputy Secretary, Haryana Vidhan Sabha Scretariat-respondent No. 2 was dismissed vide order dated 21.08.2017 (Annexure P-3). Petitioner, thereafter, filed a second appeal before the State Information Commission, Haryana, who, vide order dated 07.11.2017 (Annexure P4) after considering the reply filed by the respondents, recommended to the State Public Information Officer to take a decision for providing the information sought by the petitioner.

(3.) In compliance with the said order, petitioner was conveyed the order dated 08.12.2017 (Annexure P-5) by the State Public Information Officer, wherein it was asserted that the petitioner cannot be supplied the information in the light of the earlier position i.e. Rule 118 of the Rules of Procedure and Conduct of Business in Haryana Legislative Assembly and Rule 8 (1) (c) of the Right to Information Act. The matter was again taken up by the State Information Commission, Haryana, in pursuance to the earlier order dated 07.11.2017 by the State Information Commission, Haryana on 20.06.2018 when the Commission proceeded to accept the stand, as has been taken by respondents No. 2 and 3, to the effect that the information cannot be supplied to the petitioner in the light of Rule 118 of the Rules of Procedure and Conduct of Business in Haryana Legislative Assembly and Rule 8 (1) (c) of the Right to Information Act. It was further observed that in the light of the fact that the information can only be supplied which is within the domain and available with the State Public Information Officer and if the said information is not available, the same cannot be supplied to the applicant. This has led to the filing of the present writ petition.