P.I.O. And Registrar, Seth Kesrimal Porwal Coll. Of Arts, Sci. And Commerce, S.M.Rathod And ANR v. The State Information Commissioner, State Of Maharashtra, Nagpur And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6707 OF 2018 [The Public Information Officer and Registrar and one .vs. The State Information Commissioner and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.G. Kulkarni, Advocate for the petitioners, Shri P.A. Zibhkate, Advocate for respondent no.2. ..........

C ORAM : ANIL S. KILOR, J.

D ATE : 18 th JULY, .

The order dated 26.02.2018 passed by the State Information Commissioner, Nagpur in Appeal No.2674/2017 directing the petitioners to supply information to respondent no.2, is under challenge in the present writ petition. 2.

After going through the application made by respondent no.2 seeking information, it is evident that the information sought by respondent no.2 was not in relation to him, but it relates to employees of the Seth Kesrimal Porwal Mahavidalaya, Kamptee, District-Nagpur. Admittedly, respondent no.2 is no way connected with the said college or the teaching and non-teaching staff of the said college of whom respondent no.2 has sought information. From the application it is further evident that the information is not sought for any public purpose or public interest.

3.

From the order impugned passed by the State Information Commissioner, it is evident that all the above

2 14wp6707.18.odt referred factors have not been considered by the State Information Commissioner, though the above referred factors are relevant and have bearing on such decision.

4.

In the circumstances, I am of the opinion that the State Information Commissioner has committed error in allowing the Second Appeal and directing the petitioners to supply information to respondent no.2. Accordingly, I pass the following order :

O R D E R

(i) The writ petition is allowed.

(ii) The impugned order dated 26.02.2018 passed by the State Information Commissioner, Nagpur is hereby quashed and set aside.

(ANIL S. KILOR, J.) Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur