Suresh Kumar Sharma And ANR v. Punjab State Information Commission And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on : 16.07.2025 SURESH KUMAR SHARMA AND ANR . . .Petitioners

Versus

PUNJAB STATE INFORMATION COMMISSION AND OTHERS . . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. T. P. S. Tung, Advocate for the petitioners.

Mr. Ankit Joshi, Advocate for respondent No. 2.

Mr. Sardavinder Goyal, Advocate for respondent No. 3.

**** HARSIMRAN SINGH SETHI, J. (Oral) 1.

Learned counsel for the petitioners submits that certain directions have been issued by Information Commission while passing the impugned order dated 19.06.2025 (Annexure P-6), directing the appellate authority to file an undertaking by way of affidavit which does not relate to the information sought for but relate with the purpose for which the information was sought for, which is beyond the jurisdiction of the Information Commission.

2.

Notice of motion.

3.

On advance notice, Mr.Ankit Joshi, Advocate and

Mr.Sardavinder Goyal, Advocate appear and accept notice on behalf of respondent No. 2 and respondent No. 3, respectively. 4.

Learned counsel for the respondent No. 2 submits that on the basis of an answer sheet of respondent No. 3, an allegation was alleged against respondent No. 2 that she had intentionally failed respondent No. 3, on the basis of which allegation she has been dismissed from the job after holding an enquiry and during the enquiry also, the said answer sheet, which was a basis of allegation against respondent No. 2, was not supplied to her, which grievance has already been raised by her by filing a separate writ petition i.e. CWP -6067-2023.

5.

Learned counsel for respondent No. 2 submits that as the matter is pending with regard to her dismissal from job and the rules of natural justice are not being adhered to by not providing the answer sheet to respondent No. 2, which document was the basis of allegations against respondent No. 2, respondent No. 2 will not press the prayer for the grant of the information before Information Commission under RTI but will only press against violation of the rules of natural justice in CWP -6067-2023, which is pending adjudication before this Court wherein it has been stipulated that prejudice has been caused to respondent No. 2 during the inquiry proceedings.

6.

Keeping in view of the above, as the respondent No. 2 has stated before this Court that she does not need the said information and will pursue the said grievance before this Court in CWP -6067-2023, keeping in view the substantial facts, the proceedings before the information commission comes to an end. Once, the proceedings before the Information Commission comes to an end, no grievance of the petitioner also survive in pursuance to the impugned order dated 19.06.2025 (Annexure P-6)

pertaining to the grant of information of the answer sheet of third party. The present petition is disposed of as such.

8.

Pending civil miscellaneous application, if any, stands disposed of.

(HARSIMRAN SINGH SETHI) JUDGE 16.07.2025 Riya Whether speaking/reasoned:

Yes/No Whether Reportable: Yes/No RIYA 2025.07.17 16:21 I attest to the accuracy and integrity of this document