JITENDER BHARDWAJ Vs. KAMAL THAKUR

JUDGEMENT

(1.) STATE of Himachal Pradesh, through its Chief Secretary, Government of Himachal Pradesh, Shimla is impleaded as party respondent No. 3. Petitioner Jitender Bhardwaj has filed the present petition, inter alia, praying for the following reliefs: - -

(2.) UNDER the provisions of the Right to Information Act, 2005 (hereinafter referred to as the Act), petitioner applied for certain information from the establishment of the Deputy Commissioner, Solan. When petitioner approached the concerned Branch, he found the Officer designated under the Act not present on the seat. While the petitioner was waiting one Shri Kamal Kumar -respondent No. 1 who was also posted in the said Branch, objected to the presence of the petitioner in the room. This allegedly resulted into exchange of certain heated words between the two, as a result of which, petitioner filed a complaint before the competent authority. Assistant Commissioner from the office of the Deputy Commissioner Solan conducted an enquiry, after affording due and adequate opportunity of hearing to all concerned and submitted his report, advising both the parties to exhibit "decent behaviour and conduct in public places". Also Shri Kamal Kumar (respondent No. 1) was advised "to maintain temperament while dealing with the public". Hence petitioner has filed the present petition.

(3.) IN so far as the petitioner's prayer for compensation is concerned, it is a settled position of law that disputed questions of fact cannot be adjudicated in a petition filed under Article 226 of the Constitution of India. Hence liberty is granted to the petitioner to take recourse of such remedies as are available to him in accordance with law.