Rajbir Singh v. State Of Haryana And Others

#1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of decision: 13.09.2024 Rajbir Singh ....Appellant

Versus

State of Haryana and Ors.

....Respondents CORAM: HON'BLE MR. JUSTICE G.S. SANDHAWALIA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Mahavir Singh, Advocate for the petitioner. G.S. SANDHAWALIA , J (ORAL) Challenge in the present appeal is to order dated 06.08.2024 passed by the learned Single Judge whereby Civil Writ Petition No.18725 of 2024 filed by the appellant has been dismissed.

2.

Learned Single Judge observed that the appellant had the alternative and statutory remedy before the Haryana Olympic Association but he was repeatedly approaching the State Information Commission and resultantly, a communication/letter dated 08.05.2014 (Annexure P-13) has been passed. The said communication reads as under:

"This is with reference to your request dated 19.03.2024. Your request was brought to the notice of the Registrar and the Registrar has desired to advice you to proceed in accordance with para 4 of order dated 03.01.2024 vide which you are advised to make correspondence with the Administrator, Haryana Olympic Bhawan, Sector 3, Panchkula directly, in case you wishes to obtain information.

#2# If the Public Authority not provided the requisite information then you file a fresh second appeal in the Commission. This is for your information."

3.

It was noticed that on earlier occasion also, direction was issued by the State Information Commission while deciding the appeal on 03.01.2024 (Annexure P-9), which reads as under, although, it was not subject matter of challenge:

"4. After hearing the arguments of both the parties and from the perusal of the documents placed on file, the Commission has noted that available status/reply in respect to the RTI application dated 14.07.2023 stands furnished to the appellant. The appellant was convinced with the view point submitted by the respondent present during the course of hearing and did not pursue and issue over it. However, the RTI application of the appellant has duly been transferred under Section 6 (3) of the RTI Act, 2005 to the Administrator, Haryana Olympic Bhawan, Sector-3, Panchkula with the directions to provide solicited information to him directly. The appellant may make correspondence with the transferee office, in case he wishes to obtain information. Keeping in view of above findings, the Appeal Case No.6143 of 2023 is hereby disposed off by closing the matter."

4.

The present appellant was seeking a mandamus directing the respondents to supply the information without making the Haryana Olympic Association as party before the learned Single Judge. The relief claimed in his application dated 14.07.2023, as such, was regarding that which associations of the Taekwondo and Throw Ball were recognized by the Olympic Association and from the Government of Haryana, thus the information as such would be available with the Association and in this manner, he had been relegated to the alternative remedy to approach the said Association.

#3# 5.

We do not find any irregularity as such has occurred in the impugned order which would require correction. The petitioner may file a representation seeking such information from the Association. 6.

The appeal is, thus, dismissed.

(G.S. SANDHAWALIA) JUDGE September 13, 2024 (MEENAKSHI I. MEHTA) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No