Yashpal Anand v. Central Information Commission & ORS.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4907/2025 YASHPAL ANAND .....Petitioner Through:

Adv. (appearance not given) versus CENTRAL INFORMATION COMMISSION & ORS.....Respondents Through:

Mr. Rahul Sharma, SPC, Mr. Ratan Prakash, GP.

SI Sandeep Kumar, PS PIA, Delhi and SI Satender Kumar, DCP Office East District.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 30.04.2025

O R D E R

1.

The present petition has been filed by the petitioner, inter alia, praying as under - "a. Direct the Respondent No. 1 to consider the complaint under section 20 of Right to Information Act, 2005 duly submitted by petitioner through speed post dated 02/04/25 against the respondent no. 2 & 3 and dispose of the same after due inquiry within 48 hours and a copy of order also be provided to the petitioner in the interest of justice. b. Impose cost and penalty upon respondent No. 1 for causing delay & not deciding the complaint dated 02/04/25 of petitioner within 48 hours from the date of receiving such complaint under section 20 of Right to Information from petitioner.

c. Direct the respondent no. 2 to consider the first appeal under Right to Information Act, 2005 which has been submitted by petitioner to the respondent No. 2 through speed post dated 26/03/2025 and dispose of the same after inquiry by passing speaking order and copy of the complete enquiry report be also provided to the petitioner in accordance with law. 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 23:53:42

d. Direct the respondent No. 3 to consider the application dated 21/03/2025 , duly submitted under RTI Act, 2005 and dispose of the same in accordance with the law."

2.

Learned counsel for the petitioner submits that during the pendency of the present petition, the respondent no.3 has responded to the RTI application filed by the petitioner vide communication dated 16.04.2025. 3.

The petitioner is aggrieved by the fact that the requisite information has not been provided to the petitioner ; it is the case of the petitioner that the denial of information in the guise of exemption under Section 8(1)(h) of the Right to Information Act, 2005 (hereinafter the 'RTI Act') is misconceived in law.

4.

In the circumstances, learned counsel for the petitioner seeks leave to agitate the matter before the First Appellate Authority as contemplated under the RTI Act and / or file an application under Section 20 of the RTI Act, before the Central Information Commission (CIC). 5.

Accordingly, the petitioner seeks to withdraw the present petition with liberty to take the aforesaid action.

6.

The present petition is thus dismissed as withdrawn, with liberty as prayed for.

SACHIN DATTA, J APRIL 30, 2025/cl 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 23:53:42