The Public Information Officer Cum v. R Maheswaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.30150 of 2024 The Public Information Officer - cum - Assistant Commissioner of Labour (Conciliation), Department of Labour Welfare and Skill Development, Government of Tamil Nadu, No.18, Sevatha Gounder Street, Kolumbu Store backside, Bengaluru Road, Krishnagiri - 635 001.

... Petitioner Vs.

1.R.Maheswaran 2.The Registrar, Tamil Nadu State Information Commission, Block No.19, Government Farm Village, Panepet, Nandanam, Chennai - 600 035.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to the impugned order in Case No.NC 1159/C/2023(SA/11284/C/2022) dated 09.01.2024 passed by the second respondent herein and to quash the same.

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For Petitioner : Mr.M.Sivavarthanan Government Counsel For Respondents : Mr.V.Subramani for R1 Mr.C.Vigneswaran for R2

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorari to call for the records relating to the order in Case No.NC 1159/C/2023(SA/11284/C/2022) dated 09.01.2024 passed by the second respondent and to quash the same.

2.The learned Government Counsel appearing for the petitioner submitted that the first respondent claiming to be an exemployee of TVS Motor Company Limited, Hosur, made an application dated 04.12.2021 under the Right to Information Act, 2005, to the Public Information Officer/ Assistant Commissioner of Labour (Conciliation), Krishnagiri, seeking the information regarding the settlements arrived at between the Management of TVS Motor Company Limited, Hosur and TVS Suzuki Employees Union during the years 1998 to 2019; the settlements arrived at between the Management of TVS Motor Company Limited, Hosur and TVS Suzuki Employees Union for granting annual bonus to employees and Personal 2/8

Performance Incentive (PPI) from the year 1997 to 2019; bye-laws of TVS Suzuki Employees Union (Regn.No.135/DRP) of the year 1998 and amended up-to-date, however, the petitioner was not able to furnish the information sought for by the first respondent. 3.The learned Government Counsel appearing for the petitioner further submitted that the first respondent made another application dated 26.05.2022 and the reply dated 23.06.2022 given to the first respondent for the application dated 26.05.2022 was considered as the reply given by the first appellate authority and aggrieved by the same, the first respondent filed second appeal before the Tamil Nadu State Information Commission on 23.06.2022 and the second respondent passed the impugned order directing the petitioner to pay a sum of Rs.

10,000/- to the first respondent as compensation towards the mental agony and travel expenses incurred by him under Section 19(8)(b) of the Right to Information Act, 2005 and the second respondent also imposed a fine of Rs.10,000/- under Section 20(1), to the then Assistant Commissioner of Labour namely Madeswaran, the said fine to be paid to the credit of the Government head of accounts. 4.

petitioner further submitted that the petitioner, immediately after receipt of the application from the first respondent, forwarded the same to TVS Suzuki Limited, Hosur as the documents sought to be furnished pertains to the said company, however, there was no response from the said company and hence the information was not furnished to the first respondent, however, without considering the efforts taken by the petitioner, the second respondent passed the impugned order, which is not sustainable one. 5.The learned counsel appearing for the first respondent submitted that the settlement arrived between the Management and Employees Union will be very much available with the petitioner since the petitioner is conciliation officer and he is maintaining the records and for the inaction on the part of the petitioner, fine was imposed, which warrants no interference.

6.The learned counsel appearing for the second respondent submitted that the petitioner gave vague reply to the application made by the first respondent and despite notice, did not appear before the second respondent, thereby, the punishment was awarded, which warrants no interference.

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7.Heard both sides and perused the materials available on record.

8.The first respondent made application dated 04.12.2021 under the Right to Information Act, 2005, to the Public Information Officer/ Assistant Commissioner of Labour (Conciliation), Krishnagiri, seeking the information regarding the settlements arrived at between the Management of TVS Motor Company Limited, Hosur and TVS Suzuki Employees Union during the years 1998 to 2019; the settlements arrived at between the Management of TVS Motor Company Limited, Hosur and TVS Suzuki Employees Union for granting annual bonus to employees and Personal Performance Incentive (PPI) from the year 1997 to 2019; bye-laws of TVS Suzuki Employees Union (Regn.No.135/DRP) of the year 1998 and amended up-to-date and the said information was not furnished to the first respondent. 9.The first respondent made another application dated 26.05.2022 and the reply dated 23.06.2022 given to the first respondent for the application dated 26.05.2022 was considered as the reply given by the first appellate authority and aggrieved by the 5/8

same, the first respondent filed second appeal before the Tamil Nadu State Information Commission on 23.06.2022 and the second respondent passed the impugned order.

10.The settlement arrived between the Management and Employees Union will be very much available with the petitioner since the petitioner is conciliation officer and is maintaining the records. For the inaction on the part of the petitioner, impugned order directing the petitioner to pay a sum of Rs.10,000/- to the first respondent as compensation towards the mental agony and travel expenses incurred by him under Section 19(8)(b) of the Right to Information Act, 2005 and the second respondent also imposed a fine of Rs.10,000/- under Section 20(1), to the then Assistant Commissioner of Labour namely Madeswaran, the said fine to be paid to the credit of the Government head of accounts was issued, which warrants no interference. 11.The writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 22.06.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 6/8

To 1.The Registrar, Tamil Nadu State Information Commission, Block No.19, Government Farm Village, Panepet, Nandanam, Chennai - 600 035.

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M.DHANDAPANI,J.

pri And W.M.P.No.30150 of 2024 22.06.2026 8/8