Grospinz Fabz Ltd v. Pio, Muktsar Sahib

CWP No. 13432 of 2011

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 13432 of 2011 Date of decision : 27.07.2017 Grospinz Fabz Ltd.

....Petitioner V/s Public Information Officer & ors.

....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. S.C. Arora, Advocate for the petitioner.

Mr. Vikas Mohan Gupta, Addl. A.G. Punjab.

Mr. Saurav Verma, Advocate for Mr. Ramandeep Singh, Advocate for respondent no. 3. RAJAN GUPTA J.

Challenge has been posed in this petition to order dated 02.06.2011 passed by State Information Commission. It has been urged before this court that petitioner is a private company and is not amenable to provisions of the Act. Besides, no reasoning has been assigned in the impugned order to direct petitioner-company to supply requisite information as sought by the applicant.

It is evident from record that respondent no. 3 invoked the jurisdiction of State Information Commission without exhausting the remedy of filing appeal before the First Appellate Authority. A perusal of the order shows that same is short and cryptic. It does not deal with the issues raised by the petitioner-company. It has not been discussed whether petitionercompany falls within the ambit of the Act and whether information sought was necessary to be supplied to the applicant. Finding the order nonAjay Kumar 2017.08.01 16:51 I attest to the accuracy and authenticity of this document

CWP No. 13432 of 2011 speaking in nature, this court feels that same needs to be set-aside. This proposal is not opposed by learned State counsel. In view of above, impugned order, Annexure P-4 is hereby setaside. Matter is remitted to same authority for decision afresh. Parties shall be at liberty to take all their pleas before the said Forum including one relating to failure of respondent no. 3 to approach the First Appellate Authority.

Allowed in these terms.

July 27, 2017 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2017.08.01 16:51 I attest to the accuracy and authenticity of this document