Ishwar Chand v. Municipal Council Thanesar & ORS

VINOD KUMAR 2016.05.11 11:58 I attest to the accuracy and authenticity of this document Chandigarh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.8474 of 2016 Date of decision:04.05.2016 Ishwar Chand

...Petitioner

Versus

Municipal Council, Thanesar and others

...Respondents

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Gurvinder Singh Sidhu, Advocate, for the petitioner.

***** Rakesh Kumar Jain, J.

The petitioner is aggrieved against the order passed by the State Information Commissioner dated 15.04.2015.

As a matter of fact, the petitioner has been informed by the Public Information Officer that the record is not available with the Municipal Council because Tehbazari was stopped by the Government of Haryana in the year 2003 and because of the shifting of the office, the record has not been traced. A similar order has been passed by the State Information Commissioner that since Tehbazari has already been stopped and the earlier record is not untraceable, the information sought by the petitioner cannot be provided.

Although counsel for the petitioner has argued vehemently that it is the duty of the respondents to provide the information as per the provisions of the Right to Information Act, 2005 but I am not impressed at all with it because of the reasons given in the impugned order and hence, the present petition is hereby dismissed being denuded of any merit. May 04, 2016 (Rakesh Kumar Jain) vinod* Judge