Smt. Sarita Halwai v. State Information Commission And ORS

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1443 of 2012 Smt. Sarita Halwai, Aged About 48 Years, W/o Shri Prem Lal Halwai, Occupation - Housewife, (Terminated Employee As Anganbadi Karykarta), R/o Bharrapara, Pendra, P.S. And Tahsil Pendra Distt. Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Information Commission, Nirmal Chhaya Bhawan, Meera Datar Road, Shankar Nagar, Raipur, Chhattisgarh

2. Sub Divisional Officer (Rev). Pendra Road, Tah. Pendra Road, Distt. Bilaspur, District : Bilaspur, Chhattisgarh

3. Public Information Officer/chief Municipal Officer Pendra, Nagar Panchayat Pendra, Tah. Pendra, Distt. Bilaspur.

---- Respondents For Petitioner :

Mr. Vishwanath Goswami, Advocate.

For Respondents :

Mr. Arun Sao, Dy. A. G. and Mr. Avinash Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/07/18 1.

The petitioner's application seeking information under the Right to Information Act, 2005 was granted by the Public Information Officer of the Nagar Panchayat, Pendra. Being dis-satisfied with the information supplied, petitioner preferred appeal before the First Appellate Authority in which she remained unsuccessful and the second appeal preferred by her was also dismissed on 23.03.2012 holding that the information sought has already been supplied to the petitioner. Aggrieved against which, this writ petition has been preferred by the petitioner.

2.

Learned counsel for the petitioner would submit that the desired

information has not been supplied and incomplete information has been provided to him therefore, the order of State Information Commission deserves to be set aside and the Public Information Officer be directed to supply additional information.

3.

Learned counsel for Municipal Council would oppose the submissions made by counsel for the petitioner and support the order impugned. 4.

I have heard learned counsel for the parties and perused the impugned order with utmost circumspection.

5.

The State Information Commission has categorically recorded a finding that the desired information in the shape of resolution No.1 passed by the President in Council of Nagar Panchayat on 23.01.2009 has already been supplied to the petitioner which is a complete information sought for by the petitioner. As such, I do not find any illegality or perversity in the finding recorded by the State Information Commission. 6.

Accordingly, the writ petition deserves to be and is hereby dismissed. No order as to cost(s).

SD/- (Sanjay K. Agrawal) Judge Priyanka