Deepak Kumar v. Central Public Information Officer & ANR.

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 128/2025 & CM APPL. 10504/2025, CM APPL. 10505/2025, CM APPL. 10506/2025 DEEPAK KUMAR .....Appellant Through:

Ms.

Vrinda Bhandari and Ms.

Vanshita Gupta, Advocates versus CENTRAL PUBLIC INFORMATION OFFICER & ANR.

.....Respondents Through:

Mr. Himanshu Pathak, SPC with Mr.

Chetanya Puri, Mr. Amit Singh, Advocates with Mr.Bharat, GP

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 20.02.2025 1.

Heard the learned counsel for the parties.

2.

By means of this intra-court appeal the appellant assails the order dated 18.12.2024 passed by learned Single Judge whereby W.P.(C) 17432/2024 instituted by the petitioner against an order dated 22.03.2023 of the Central Information Commission has been dismissed. 3.

Learned Single Judge while passing the order under challenge herein has observed that the Central Information Commission while rejecting the appeal preferred by the appellant has observed that in respect of the same nature of information sought, a previous second appeal filed by the same appellant was adjudicated by the Central Information Commission 19.03.2018, as such no fresh adjudication of the same matter was deemed necessary.

4.

Taking note of the aforesaid fact as mentioned by the Chief The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 15:28:04

Information Commissioner in its order dated 22.03.2023, learned Single Judge has opined that in view of the disposal of the earlier proceedings, second proceedings under the Right to Information Act could not have been instituted by the appellant.

5.

Learned counsel appearing for the appellant could not satisfy the court as to how, in the wake of the fact that earlier proceedings instituted by appellant had come to an end by means of an order passed by Central Information Commission, the second round of proceedings could be instituted.

6.

If such a course is permitted, in our opinion the same may entail unending process of making applications under the Right to Information Act which is not permissible under the scheme of the said Act. 7.

We are in complete agreement with the order passed by the learned Single judge. Accordingly, no interference in the order under challenge herein passed by learned Single Judge warranted. 8.

The appeal is, therefore, dismissed. However, it is open for the appellant to take recourse to any other legal remedy which may be available under the law.

DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J FEBRUARY 20, 2025 ms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 15:28:04