Thursday, February 2, 2012

[rti4empowerment] Two Writ petitions related with Right to Information

 

Friends,
I have filed two Writ Petitions in the Lucknow bench of Allahabad High Court.

The Writ Petition No 985 of 2011(M/B) is about the Notesheet of the study leave file of another IPS officer. The Public Information Officer of the Home Department had refused to give the information saying that this was personal information. The UP State Information Commission through its order dated 03/01/2012 had ordered the PIO to provide all other information except the Notesheet of the concerned file calling it personal information. In the Writ Petition I have said that the Notesheet of a government file cannot be regarded as personal information and hence shall also be provided.

In Writ Petition No 986 of 2011 (M/B), I have presented two cases in which the Commission first imposed penalty under section 20(1) and 20(2) of the RTI Act but it later reviewed its order and waived off the penalty. I have said that the settled principle of law is that only those authorities can review their order that have been specifically empowered, which is
not empowered under the RTI Act or any other law to review their order.

The two Writ Petitions shall be heard tomorrow where I shall appear in person.

Hope, my friends agree with my logic and reasoning.
Amitabh Thakur
# 94155-34526

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