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Madras High CourtWP/19430/2020disposed of

Saurav Das v. Central Information Commission

2021-02-08Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2021

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ W.P.No.19430 of 2020 and W.M.P.No.24015 of 2020 Saurav Das ... Petitioner Vs.

1. Central Information Commission, Represented by its Secretary, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi - 110067.

2. Ministry of Electronics and Information Technology, Represented by its Secretary, Electronics Niketan 6, Lodhi Road CGO Complex, Pragati Vihar, New Delhi - 110003.

3. Public Information Officer, MInistry of Electronics and Information Technology, Represented by its Secretary, Electronics Niketan 6, Lodhi Road CGO Complex, Pragati Vihar, New Delhi - 110003.

4. First Appellate Authority, Central Public Information Officer, Represented by its Secretary, Electronics Niketan 6, Lodhi Road CGO Complex, Pragati Vihar, New Delhi - 110003.

5. Central Public Information Officer (C.P.I.O), National E-Governance Division, MInistry of Electronics and Information Technology, Represented by its Secretary, Electronics Niketan 6, Lodhi Road CGO Complex, Pragati Vihar, New Delhi - 110003.

... Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of

Certiorarified Mandamus, to call for the records in email communication of the first respondent dated 17.10.2020 in CIC/DEOIT/A/2020/688691 and quashing the same and further direct the first respondent to grant an urgent hearing to the petitioner for Application No.CIC/DEOIT/A/2020/688691 pending for the first respondent.

For Petitioner : Mr.M.V.Swaroop For Respondent : Mr.Venkataswamy Babu Central Government Standing Counsel - - - - -

O R D E R

The prayer sought for in this Writ Petition is some information with regard to Personal Data Protection Bill, 2019.

2. The learned counsel for the petitioner submits that on 31.08.2020, the Central Public Information Officer, in his reply, stated that all such documents are confidential and refused to give any information. Against which, the petitioner filed an appeal under Section 19 (1) of the RTI ACT, 2005, and the same was also dismissed.

3. He further submits that the petitioner wants to make his objections in the Bill after getting information and hence, he filed a Second Appeal before the second respondent, which is pending till date. Therefore, the petitioner has approached the first respondent seeking an urgent hearing. However, the request was not acceded to.

4. Considering the facts and circumstances of the case, if the Bill is going to be placed in the ongoing session, the first respondent is directed to dispose of the Second Appeal within a period of one month from the date of receipt of a copy of this order. If the Bill is going to be placed in the next session, the Second Appeal shall be disposed of within a period of two months from the date of receipt of a copy this order. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar asi

To

1. The Secretary, Central Information Commission, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi - 110067.

2. The Secretary, Ministry of Electronics and Information Technology, Electronics Niketan 6, Lodhi Road CGO Complex, Pragati Vihar, New Delhi - 110003.

3. The Secretary, Public Information Officer, MInistry of Electronics and Information Technology, Electronics Niketan 6, Lodhi Road CGO Complex, Pragati Vihar, New Delhi - 110003.

4. The Secretary, First Appellate Authority, Central Public Information Officer, Electronics Niketan 6, Lodhi Road CGO Complex, Pragati Vihar, New Delhi - 110003.

5. The Secretary, Central Public Information Officer (C.P.I.O), National E-Governance Division, MInistry of Electronics and Information Technology, Electronics Niketan 6, Lodhi Road CGO Complex, Pragati Vihar, New Delhi - 110003.

+1cc to Mr.VENKATESWAMY BABU, Advocate, S.R.No.6705 +1cc to Mr.M.V.SWAROOP, Advocate, S.R.No.6762 +1cc to Mr.PJ. ANITHA Advocate, S.R.No.6998 RSV(CO) SM/25/02/2021 W.P.No.19430 of 2020 and W.M.P.No.24015 of 2020