GOVERDHAN SINGH Vs. THE STATE OF RAJASTHANA

JUDGEMENT

(1.) IN challenge is the judgment and order dt. 04.04.2013 rendered in S.B. Civil Writ Petition No. 3495/2012, instituted to direct the Office of His Excellency the Governor of Rajasthan to act in terms of the Right to Information Act, 2005 (for short, hereafter referred to as 'the Act') and refer the appellant/writ -petitioner's complaint to the Hon'ble Supreme Court of India for appropriate enquiry. We have heard Mr. Indresh Sharma, the learned counsel for the appellant and Mr. Naveen Verma, the learned counsel for the respondents.

(2.) THE appellant/writ -petitioner has introduced himself to be a RTI activist working in the field of information. Contending that not having been provided with the information sought for by him from the Office of the Director General of Police within the time prescribed as well as from that of the First Appellate Authority under the Act, he submitted Appeal No. 2765/2010 before the Rajasthan Information Commission on 16.07.2010. The appellant/writ -petitioner has averred that the Rajasthan Information Commission, on 22.02.2011 thereafter passed an order in open Court directing the Director General of Police, Jaipur City, Jaipur to provide the necessary information within a period of 21 days. He, however, alleged that he did not receive a copy of the order immediately thereafter and did so on 15.04.2011. Thereby, however the matter was remanded to the First Appellate Authority. The appellant/writ -petitioner has alleged that the order was dictated on 22.02.2011 in the open Court and thereafter was altered in the interregnum. He has averred that a scrutiny of the judgments of the year 2011 under the Act, however, revealed that the order dt. 22.02.2011 pronounced in the open Court originally, was included therein. This, the appellant/writ -petitioner has asserted, did demonstrate the mala fide action of Mr. M.D. Korani, Ex. Chief Information Commissioner and Mr. T. Sriniwasan, the Information Commissioner, who had indulged in the act of altering the same on extraneous considerations. Perceiving that such an action besides being wholly illegal was in abuse of the constitutional post held by them, the appellant/writ -petitioner filed a complaint under Sec. 190 of the Code of Criminal Procedure (for short, hereafter referred to as 'the Cr.P.C.) against various persons under Secs. 13(1)(D), 13(2) of the Prevention of Corruption Act, 1988 and Sections 420, 466, 467, 468, 471, 167, 217, 218, 120B of the Indian Penal Code, before the Special Judge, Anti Corruption Bureau, Bikaner. The appellant/writ -petitioner has averred that the Court, thereafter, directed the Anti Corruption Department to investigate the matter and the proceeding was registered as Preliminary Enquiry No. 151/2011.

(3.) THE learned Single Judge, by the judgment and order impugned, while dilating on Section 17 of the Act, concluded that as the investigation by the Anti Corruption Bureau on the complaint filed by the petitioner, was underway and that no final finding had been recorded therein, no illegality had been committed by the Office of the then His Excellency the Governor of Rajasthan, in forwarding the matter to the General Administration Department. The writ petition was, thus, dismissed.