M.Saravanan v. The Tamilnadu State Information Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI M.Saravanan ... Petitioner Vs.
1. The Tamilnadu State Information Commission, Nandanam, Chennia - 600 035.
2. The Principal Secretary to the Government, Higher Education Department, Fort St.George, Chennai - 600 009.
3. The Deputy Secretary (Univ), Higher Education Department - H1 Section, Fort St.George, Chennai - 600 009.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to furnish the information to the petitioner in compliance with the order of the 1st respondent dated 24.03.2022 and consequentially direct the 1st respondent to initiate disciplinary action against the 3rd respondent as per Section 20(2) of the Right to Information Act, 2005.
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For Petitioner :
Mr.S.Senthilnathan For R1 :
Mr.C.Vigneswaran Standing counsel For R2 & R3 Mr.E.Veda Bagath Singh,SGP
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondents 2 and 3 to furnish the information to the petitioner in compliance with the order of the 1st respondent dated 24.03.2022 and consequentially direct the 1st respondent to initiate disciplinary action against the 3rd respondent as per Section 20(2) of the Right to Information Act, 2005.
2. Mr.C.Vigneswaran, learned standing counsel accepts notice for the first respondent. Mr.E.Veda Bagath Singh, learned Special Government Pleader accepts notice for respondents 2 and 3. In view of the consent expressed by learned counsel on either side, this writ petition is taken up for final disposal at the admission stage itself.
3. It is the case of the petitioner that he is working as Computer Service Engineer, Department of Computer Science and Engineering, Annamalai University, Chidambaram. However, the petitioner filed applications dated 2/6
16.12.2020 and 07.06.2021 u/s 6 of the Right to Information Act, 2005, seeking information from the 2nd and 3rd respondents regarding action taken against Mr.S.Natarajan, Assistant Registrar, Annamalai University for demanding money for clearing the file relating to regularizing the suspension period of the petitioner and settlement of monetary benefits thereon. Since the information sought for by the petitioner was not furnished, he filed a second appeal dated 05.10.2021, 18.10.2021 and 23.11.2021 before the first respondent, who in turn conducted enquiry and final order came to be passed on 24.03.2022 directing the third respondent to furnish the information sought for by the petitioner within a period of one week. Since no response was forthcoming, the petitioner made representations dated 30.04.2022, 25.06.2022 and 12.05.
2022 respectively before the respondents under the Right to Information Act enclosing the order dated 24.03.2022 passed by the first respondent to furnish the information sought for by the petitioner. However, the same was not considered. Hence the petitioner has come up with the present writ petition seeking the relief supra.
4. Though very many grounds have been raised in the present writ petition, learned counsel for the petitioner submits that it would suffice if this 3/6
Court issues a direction to the respondents 2 and 3 to furnish the information sought for by the petitioner in the light of the order dated 24.03.2022 passed by the first respondent and pass appropriate orders within the time frame that may be fixed by this Court.
5. Learned counsel appearing for first respondent submitted that petitioner's representation will be considered as non compliance case numbered as NC.No.1612 of 2022 and appropriate orders will be passed as expeditiously as possible.
6. Heard learned counsel appearing on either side and perused the materials placed on record.
7. In the light of the submission made by learned counsel appearing for the first respondent, this Court, without going into the merits of the case directs the respondents to pass appropriate orders on the non compliance case numbered as NC.No.1612 of 2022 on merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order.
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8. This writ petition is accordingly disposed of. No costs. 21.06.2023 Index : Yes / No Speaking order / Nonspeaking order (rap) To
1. The Tamilnadu State Information Commission, Nandanam, Chennia - 600 035.
2. The Principal Secretary to the Government, Higher Education Department, Fort St.George, Chennai - 600 009.
3. The Deputy Secretary (Univ), Higher Education Department - H1 Section, Fort St.George, Chennai - 600 009.
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M.DHANDAPANI, J.
rap 21.06.2023 6/6