Mabu Batcha v. The Central Public Information
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19701 of 2017 Mabu Batcha
...Petitioner
Vs.
1.The Central Public Information Commissioner, Office of the Central Public Information Officer, Second Floor, B Wing, August Kranti Bhavan, Bhikaji Cama Place, New Delhi - 110 066.
2.P.J.Nicholson Senior Divisional Manager, The First Appellate Authority under Right to Information Act, Life Insurance Corporation of India, Divisional Office Jeevan Prakash, 16, Bridge Station Road, Sellur, Madurai - 625 002.
3.The Public Information Officer Under Right to Information Act, Office of the Life Insurance Corporation of India, Srivilliputhur Branch Officer, Srivilliputhur, Virudunagar District.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the Respondent No.1 to dispose the petitioner's RTI Appeal dated 19.08.2017 within a stipulated period fixed by this Court and to pay penalty and take necessary disciplinary proceedings against the Respondents 2 and 3.
For Petitioner : Mr.S.M.A.Jinnah For Respondent-1 : Mr.C.Nandagopal Central Government Standing Counsel
ORDER
The writ petition has been filed seeking to direct the first respondent to dispose the petitioner's RTI Appeal dated 19.08.2017 within a stipulated period fixed by this Court and to pay penalty and take necessary disciplinary proceedings against the Respondents 2 and 3.
2.The learned counsel for the petitioner would submit that the petitioner was working as a cashier in LIC of India, Sivaksasi Branch, Virudhunagar district and was dismissed from service on 10.12.2014. While so, the petitioner made an application under Right To Information Act, 2005 to the third respondent on 13.06.2017, who in turn disposed it of on 30.06.2017, aggrieved over the same the petitioner preferred an Appeal, which was also disposed of by the second respondent. Hence, the petitioner preferred second appeal before the first respondent on 19.08.2017. Since no information has been provided by the first respondent as sought, the petitioner is before this Court, seeking to direct the first respondent to provide the information.
3.The learned Central Government Standing Counsel appearing for the first respondent would submit that the appeal filed by the petitioner would be considered on merits within the time stipulated by this Court.
4.Under such circumstances, the first respondent is hereby directed to dispose of the appeal filed by the petitioner on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties within a period of twelve weeks from the date of receipt of a copy of this order.
5.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Central Public Information Commissioner, Office of the Central Public Information Officer, Second Floor, B Wing, August Kranti Bhavan, Bhikaji Cama Place, New Delhi - 110 066.
2.The Senior Divisional Manager, The First Appellate Authority under Right to Information Act, Life Insurance Corporation of India, Divisional Office Jeevan Prakash, 16, Bridge Station Road, Sellur, Madurai - 625 002.
3.The Public Information Officer under Right to Information Act, Office of the Life Insurance Corporation of India, Srivilliputhur Branch Officer, Srivilliputhur, Virudunagar District.
+1cc to Mr.S.M.A.JINNAH,Advocate,SR. 83885 W.P(MD)No.19701 of 2017 26.10.2017 DSK KK/SV MMS/SAR 2/07.11.2017/ 3P- 5C