Mr. Makardhvaj Maruti Waghmare v. The Union Of India And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12334 OF 2017 Mr. Makardhvaj Maruti Waghmare .. Petitioner v/s.

The Union of India & Ors.

..Respondents Mr. B.R.Pathak for the Petitioner.

CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : 03 AUGUST, 2018.

P.C. :

1.

Heard Mr. Pathak for the petitioner. The petition is filed for the following relief.

"That, this Hon'ble Court be pleased to issue Writ of Mandamus or the any other Writ in the nature of Mandamus and forthwith order/ direct Respondent Nos. 2 to 3 to supply the information as per Application dated 25.02.2016 filed by the petitioner."

2.

By application dated 25th February, 2016 addressed to the PAIO, President of India, New Delhi, the petitioner has sought the following information:

"b) Particulars of information required: Whether any 1/3

intimation has been received by your office from the Chief Secretary, Government of Maharashtra, Mumbai with regard to you letter dt. 27/01/2016? (Your letter dt. 27/01/2016 is enclosed herewith for your kind reference) Please provide details of it."

3.

By letter dt. 15Th March, 2016 the Director & CPIO, President's Secretariat, New Delhi, RTI Section had informed the petitioner as follows :

" Your petition dated 01.12.20115 has already been forwarded 'in original' to the Chief Secretary, Government of Maharashtra on 27.01.2016 for further necessary action. No report has received from the Government of Maharashtra in this regard. You may approach them directly for this."

4.

Subsequently, by Order dated 11th May, 2016, which is produced by the petitioner at Exhibit A, the Chief Secretary and First Appellate Authority, President's Secretariat, Rashtrapati Bhavan, New Delhi, had disposed of the appeal filed by the petitioner with following observations:

"2. The appellant had filed an RTI application dated 25.02.2016 (received on 03.03.2016). A reply NO. 2111/RTI/03/15-16 dated 15.03.2016 was sent to the appellant informing that since his petition dated 01.12.2015 was more closely related to the functions of the Government of Maharashtra, the petition was 2/3

forwarded, in original, to the Chief Secretary, Government of Maharashtra on 27.01.2016 for providing the desired information directly to him. In his appeal, the appellant has reiterated the contents of the application.

3.

The appellant is reminded that information as available on record has already been given to him. No further information is available which could be provided to him. Therefore, the reply of CPIO, President's Secretariat is found to be in order. He is advised to directly contact the concerned public authority for getting the desired information in the matter." 5.

The petitioner had not challenged the order passed by the Appellate Authority and has by this petition sought direction to the respondent nos.2 to 3 to supply information as per the application dated 25.2.2016. The respondents had already intimated to the petitioner that since the information sought by the applicant was related to the findings of the Government of Maharashtra, the application in original was forwarded to the Chief Secretary, Government of Maharashtra on 27th January, 2016. 6.

In the light of the above, the petitioner cannot seek any further relief as against the respondents. The petition is devoid of merits and is accordingly, dismissed.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Prasanna Pradeep Salgaonkar Date: 2018.08.08 11:32:46 +0530 3/3 Prasanna Pradeep Salgaonkar