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Madras High CourtWP/31220/2025disposed of

Aravindhan.S v. Central Information Commission

2025-08-26Honourable Mrs.Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM:

THE HONOURABLE MRS. JUSTICE N.MALA Aravindhan. S ... Petitioner Vs

1. Central Information Commission August Kranti Bhawan Bhikaji Cama Place, New Delhi 110 006.

2. The First Appellate Authority The Joint Director & Head of Zone CBI, Chennai Zone EVK Sampath Maligai, College road, Chennai 600 006.

3. The Public Information Officer Head of Branch & CPIO CBI/ACB 3rd floor, Shastri Bhawan, 26, Haddows road, Chennai 600 006.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the 1st respondent to expedite and dispose the petitioner's second appeal dated 05.07.2025 1/6

within a specific time frame fixed by this Court. For Petitioner : Mr.K.Suresh Babu

O R D E R

The writ petition is filed for a Writ of Mandamus to direct the 1st respondent to expedite and dispose the petitioner's second appeal dated 05.07.2025 under the Right to Information Act, 2005.

2. On 19.08.2025, the learned counsel for the petitioner was permitted to serve copies of the typed set of papers to the Standing Counsel, for the 1st respondent after ascertaining the same from the office of the learned Additional Solicitor General. The counsel states that he was informed by the office of learned Additional Solicitor General that there is no specific counsel permanently engaged for the 1st respondent to appear before this Court and the appearance of counsel is made on a case to case basis. The learned counsel further stated that he had sent an email communication on 19.08.2025, to the 1st respondent along with the copy of the typed set of papers but till date there is no reply. 2/6

3. Since no adverse order is passed against the 1st respondent and considering the limited prayer sought for by the learned counsel for the petitioner, further notice to the first respondent is dispensed with.

4. The case of the petitioner is that on 11.06.2025, he submitted an RTI application to the Public Information Officer, Anti-Corruption Branch, Central Bureau of Investigation, Chennai seeking certain informations. The RTI application was dispatched on 12.06.2025 and received by the PIO on 13.06.2025. However, the 3rd respondent vide reply dated 13.06.2025, rejected the application invoking the exemption granted to CBI under Section 24. The petitioner preferred a First Appeal on 17.06.2025 to the 2nd respondent which was similarly rejected on 25.06.2025. Aggrieved by the same, the petitioner filed a Second Appeal on 05.07.2025, before the 1st respondent. Despite the lapse of a month, the matter had not been listed for hearing and no progress was made causing undue delay and defeating the time bound objective of the RTI Act.

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5. The petitioner further states that the allegations of disproportionate assets falls squarely under "corruption" as per the proviso to Section 24 (1) of the RTI Act, 2005 and hence the rejection by the CBI was contrary to the statutory mandate. The petitioner contends that the prolonged inaction on the Second Appeal undermines the purpose of the RTI Act and results in irreparable loss and hardship to him. Therefore the petitioner filed the above writ petition for the aforesaid relief.

6. Heard the learned counsel for the petitioner and perused the materials available on record.

7. Taking into consideration the facts and circumstances of the case and the limited relief sought for in the writ petition, this Court is inclined to direct the first respondent to dispose of the petitioner's Second Appeal dated 05.07.2025. Accordingly, this Court directs the first respondent, to dispose of the petitioner's Second Appeal dated 05.07.2025 and pass 4/6

appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the above direction, the writ petition is disposed of. No costs.

26.08.2025 dpq Index: Yes/No Speaking order / Non speaking order N. MALA, J.

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dpq To

1. Central Information Commission August Kranti Bhawan Bhikaji Cama Place, New Delhi 110 006.

2. The First Appellate Authority The Joint Director & Head of Zone CBI, Chennai Zone EVK Sampath Maligai, College road, Chennai 600 006.

3. The Public Information Officer Head of Branch & CPIO CBI/ACB 3rd floor, Shastri Bhawan, 26, Haddows road, Chennai 600 006.

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