Abhishek Kumar Choubey (Peti. In Person) v. Chhattisgarh State Information Commission

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2857 of 2019 • Abhishek Kumar Choubey, S/o - Shri Naresh Kumar Choubey, Aged About 36 Years, R/o - Quarter 1-A, Street-35, Sector 4, Bhilai, District Durg Chhattisgarh ---- Petitioner

Versus

1. Chhattisgarh State Information Commission, Through Information Commissioner, North Block Sector 19, Atal Nagar, Raipur Chhattisgarh 492002

2. Controller Chhattisgarh Vyavsaik Pariksha Mandal, North Block Sector 19, Atal Nagar, Raipur Chhattisgarh 492002

3. Secretary Chhattisgarh Vyavsayik Pariksha Mandal, North Block Sector 19, Atal Nagar, Raipur Chhattisgarh 492002 ---- Respondents For Petitioner :

Shri Yogeshwar Sharma, Advocate For Respondent No. 1 :

Shri Sudeep Agrawal, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 26/08/2019 1.

Heard.

2.

The present petition is against the order dated 28.05.2019 the copy of which appears to be served to the petitioner on 02.06.2019 where by prayer of petitioner for information was rejected. Initially the petitioner has claimed for information of all the licenses that were renewed from 2015 till the date of application i.e.13.10.2017 vide Annexure P-2 and apart from it photo copy of driving license of one Mohan Sahu was also sought for. The request having not been acceded to, eventually,

the second appeal was filed bearing No. A/627/2018 wherein the order Annexure P-2 was passed which is under challenge. By such order the information sought for by the petitioner has been refused. 3.

Learned counsel for the petitioner would submit that the public interest in this case involves that few of the persons are working without proper license in Chhattisgarh Vyavsayik Shiksha Mandal and salaries have been paid and unless and until the said information is given the petitioner will not be able to take further action, therefore, the information would be required.

4.

I have heard learned counsel for the petitioner and perused the documents.

5.

Perusal of the documents and papers would show that by an application dated 13.10.2017 (Annexure P-2) the petitioner has sought for information of all the licenses which were renewed from 2015 till the date of application and thereafter the photo copy of license of one Mohan Sahu. The same having not been acceded to, eventually the second appeal dated 28.05.2019 was filed. The information sought by the petitioner was refused to be provided on the ground that the information relates to personal information of all the other persons and it is vague and no larger public interest is sought to be achieved. 6.

Section 8 (1) (j) of The Right to Information Act,2005 which is relevant in this case, reads as under:

8. Exemption from disclosure of Information- (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,- (j) Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public information Officer or the

State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:

Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

7. Perusal of the application would show that a vague application has been filed with respect to all the particulars of the license which were renewed from the year 2015 till 2017 and further the said information was in respect to all the third persons not the petitioner and what is the larger public interest is involved, it is also completely vague. Therefore, in the circumstances the information sought for by the petitioner cannot be acceded to.

8.

Accordingly, the petition is dismissed. The petitioner if aggrieved with the alleged submission the petitioner shall be at liberty to seek appropriate remedy available to him.

Sd/- (Goutam Bhaduri) Judge Jyoti