G.Dinesh S/O.Gopal v. The Public Information Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD G.Dinesh
...Petitioner
-Vs1.The Public Information Officer, Director of Municipal Administration Office, No.75, Santhome High Road, MRC Nagar, Chennai - 2.
2.The Appellate Authority (Right to Information), No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 28.
3.The State Information Officer, State Information Office, Government Pannaillam, Post Box No.6405, Nandanam, Chennai - 5.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 3rd respondent to act on the 2nd appeal of the petitioner dated 18.06.2024 and in prescribed format dated 28.06.2024 and consequently to take proper action to furnish the information claimed by the petitioner forthwith along with suitable damages and pass such further orders. 1/7
For Petitioner :
Mr.P.I.Thirumoorthy For R1 & R2 :
Mr.M.S.Prem Kumar Government Advocate For R3 :
Mr.C.Vigneswaran
O R D E R
This writ petition has been filed to direct the 3rd respondent to act on the 2nd appeal of the petitioner dated 18.06.2024 and in the prescribed format dated 28.06.2024 and consequently to take proper action to furnish the information claimed by the petitioner forthwith along with suitable damages.
2. The case of the Petitioner is that that the Petitioner's mother, namely Kalarani, who worked as a sanitary worker at Karur Municipality died on 11.10.2020 while she was in service. The Petitioner preferred an application to the 1st respondent office on 19.07.2021 through the Commissioner of Karur Municipality seeking for compassionate appointment.
3. Learned counsel appearing for the petitioner would submit that the 2/7
Petitioner was in need of certain relevant particulars with regard to compassionate appointment and therefore approached the 1st respondent on 15.03.2024 under Section 6(1) of the RTI Act seeking to furnish the direct answers to his direct questions on whether the compassionate has been provided to any of the legal heirs after 11.09.2020 in municipalities and corporations and to furnish the list of particulars about the compassionate appointments given to the legal heirs of the deceased from one corporation to another corporation, Corporation to Municipality and municipality to corporation based on the recommendations between the period from 11.09.2020 to 15.03.2024.
4. It is submitted that the particulars were not furnished by the 1st respondent even after the lapse of time prescribed under Act and therefore, the Petitioner preferred an application/appeal to the 2nd respondent seeking to provide the particulars on 20.05.2024. But the 2nd respondent herein furnished the irrelevant reply/particulars on 03.06.2024, stating that the concerned Commissioner of the corporation will make compassionate appointments in corporations, and the Commissioner of concerned Municipality will make compassionate appointments based on the 3/7
recommendations of the Commissioner of Municipal administration.
5. It is further submitted that the Petitioner preferred the 2nd appeal / revision to the 3rd respondent on 18.06.2024, and the same was duly acknowledged. But the 3rd respondent insisted to prefer the 2nd appeal in the prescribed format. The Petitioner complied with their request and submitted the 2nd appeal in the prescribed format to the 3rd respondent on 28.06.2024. Since the 3rd respondent did not take action on the petitioner's 2nd appeal dated 18.06.2024, the Petitioner once again sent a reminder on 11.11.2024. Since the 3rd Respondent has not taken any action so far, the Petitioner has approached this Court by filing the present Writ Petition.
6. Learned counsel for the petitioner submitted that there is an emergency for the reason that only if the information sought for by the petitioner is furnished, application for appointment on compassionate ground can be submitted.
7. Learned counsel appearing for the 3rd respondent would submit that the 2nd appeal filed by the petitioner has been numbered as 8770/D/2024 and will be taken only as per the seniority.
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8. Heard both sides and perused the materials available on record.
9. Without going into the merits of the case, the third respondent is directed to consider the 2nd appeal filed by the petitioner on merits, in accordance with law and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. In the result, the writ petition stands disposed of with the above observations and direction. No costs.
13.02.2025 cda Index : Yes/No Speaking/Non Speaking order To 1.The Public Information Officer, Director of Municipal Administration Office, No.75, Santhome High Road, MRC Nagar, Chennai - 2.
2.The Appellate Authority (Right to Information), No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 28.
3.The State Information Officer, State Information Office, Government Pannaillam, 5/7
Post Box No.6405, Nandanam, Chennai - 5.
J.SATHYA NARAYANA PRASAD, J.
cda 13.02.2025 6/7