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High Court of Punjab and HaryanaLPA/2148/2014disposed of

Mahesh Sahnan v. Information Commissioner Central Information Commission & ORS

2015-02-06Mr. Justice Jaspal Singh,Mr. Justice M.M. Aggarwal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Letters Patent Appeal No.2148 of 2014 (O&M) DATE OF DECISION: 06.02.2015 Mahesh Sahnan .....Appellant versus Information Commissioner, Central Information Commission and others .....Respondents CORAM:- HON'BLE MR.JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Vaibhav Sehgal, Advocate for the appellant ..

S.J. VAZIFDAR, ACTING CHIEF JUSTICE (Oral):

This is an appeal against the order of the learned single Judge dated 04.11.2014 dismissing the petition challenging the order passed under the Right to Information Act, 2005. These orders, in turn, rejected the appellant's application for certain information.

2.

The information pertains to the correspondence and agreements/arrangements between the bank and certain other constituents. The information sought under the RTI Act, therefore, was in relation to third parties which is normally not permissible under Section 8(1)(e) of the said Act. 3.

In any event, the appellant says that he requires the information in connection with his defence to the O.A. filed by the Indian Bank. The appellant is always entitled to PARKASH CHAND 2015.02.06 18:07 I attest to the accuracy and authenticity of this document

LPA-2148-2014 - 2 - seek the information in the O.A. itself. There is no reason to presume that, if it is otherwise permissible, the same would be denied to him. The apprehension that it will be denied on the ground that the information sought is not already on the record of the DRT is not well founded. A party cannot be refused material information merely because it is not presently on the record of the DRT.

4.

The appeal is accordingly disposed of with liberty to file an appropriate application in the O.A. pending before the DRT or in any other proceedings.

(S.J. VAZIFDAR) ACTING CHIEF JUSTICE 06.02.2015 (AUGUSTINE GEORGE MASIH) parkash* JUDGE PARKASH CHAND 2015.02.06 18:07 I attest to the accuracy and authenticity of this document