Irshad Khan v. Cpio, Municipal Corporation Of Delhi

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6810/2024, CM APPL. 28324/2024 IRSHAD KHAN .....Petitioner Through:

Mr. Abdul Salam, Advocate.

versus CPIO, MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 14.11.2024 1.

The present petition impugns order dated 18th October, 2022 passed in second appeal No. CIC/EDMCS/A/2021/154391-UM titled as Mr. Irshad Khan Vs. CPIO passed by Central Information Commission,1 whereby the Petitioner's second appeal has been decided with the following directions: 1 "CIC"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

According to the Petitioner, the impugned order is bad in law, in as much as the CIC has not taken any action under Sections 20(1), 20(2) and 19(8)(b) of the Right to Information Act, 2005. He submits that the CIC ought to have imposed penalties on the CPIO, and awarded compensation to the Petitioner.

3.

The Court has considered the aforenoted contentions, but finds no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

merit in the same. The impugned order clearly takes note of the factual background, and directs the Medical Superintendent, East Delhi Municipal Corporation, to conduct an enquiry into the matter, and if required, take an action against the erring personnel in case it is found that the RTI application was not replied to, deliberately. Thus, in the opinion of the Court, the CIC has issued adequate directions to address the Petitioner's request. In so far as the question of imposition of penalty is concerned, the same cannot be the subject matter of challenge in writ petition, in view of the judgment of the Division Bench in Ranajit Roy v. State (NCT of Delhi).2 4.

Accordingly, the Court finds no merit in the present petition and accordingly, the same is dismissed along with pending application. SANJEEV NARULA, J NOVEMBER 14, 2024 nk 2 2022 SCC OnLine Del 4486 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.