Yogesh Kumar vs.the Public Information Officer/Executive Engineer and Anr

Yogesh Kumar vs The Public Information Officer/Executive Engineer and Anr

Type Court Judgment Court Delhi Decided Mar 06, 2017

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https://sooperkanoon.com/case/1204643

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Citation: sooperkanoon.com/1204643
Court: Delhi High Court
Decided On: Mar 06, 2017
Subject: Right to Information

Case Summary

AI-generated summary - not the official court judgment text.

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

Yogesh Kumar

Respondent

The Public Information Officer/Executive Engineer and Anr

Excerpt

.....(appellant in the appeal filed before the cic).2. it is submitted that the notice of listing of the appeal dated 30.05.2016 was received by the petitioner on 08.06.2016 in the evening when the matter was listed before the cic on 08.06.2016 in the morning.3. issue notice. notice is accepted by learned counsel for the w.p.(c) no.2020/2017 page 1 of 2 respondents.4. the appeal of the petitioner has been closed by the impugned order noting that sufficient information has been furnished and order itself records that neither the petitioner (appellant therein) nor the public authority were present.5. the uncontroverted contention of the petitioner, that the notice of intimation of listing of the appeal was received in the evening of the day on which the appellant was listed, shows that petitioner was not afforded sufficient opportunity to represent his case before the cic. in my view it is a fit case calling for an order of remit.6. in view of the above, the impugned order dated 08.06.2016 is set aside and the appeal is restored to its original number before the cic. the appeal be listed before the cic for direction on 28.03.2017. the writ petition is accordingly disposed of.7. order dasti under signatures of the court master. sanjeev sachdeva, j march06 2017 ‘rs’ w.p.(c) no.2020/2017 page 2 of 2

Full Judgment

06. 03.2017 YOGESH KUMAR ........ Petitioner

versus THE PUBLIC INFORMATION OFFICER/EXECUTIVE ENGINEER AND ANR ........ RESPONDENTS

Advocates who appeared in this case: For the... Petitioner

For the... RESPONDENTS

CORAM:-

"HON’BLE MR JUSTICE SANJEEV SACHDEVA : Mr. G.S. Sharma, Mr. V.K. Sharma and Mr. R.A. Sharma, Advocates : Mr. Santosh Kr. Tripathi, ASC with Mr. Rizwan, Adv. for GNCTD JUDGMENT SANJEEV SACHDEVA, J.

(ORAL) 1. The petitioner has filed the present petition impugning the order dated 08.06.2016 whereby the Central Information Commission (CIC) has closed the appeal filed by the petitioner by noting that sufficient information has already been furnished to the petitioner (appellant in the appeal filed before the CIC).

2. It is submitted that the notice of listing of the appeal dated 30.05.2016 was received by the petitioner on 08.06.2016 in the evening when the matter was listed before the CIC on 08.06.2016 in the morning.

3. Issue notice. Notice is accepted by learned counsel for the W.P.(C) No.2020/2017 Page 1 of 2 respondents.

4. The appeal of the petitioner has been closed by the impugned order noting that sufficient information has been furnished and order itself records that neither the petitioner (appellant therein) nor the public authority were present.

5. The uncontroverted contention of the petitioner, that the notice of intimation of listing of the appeal was received in the evening of the day on which the appellant was listed, shows that petitioner was not afforded sufficient opportunity to represent his case before the CIC. In my view it is a fit case calling for an order of remit.

6. In view of the above, the impugned order dated 08.06.2016 is set aside and the appeal is restored to its original number before the CIC. The appeal be listed before the CIC for direction on 28.03.2017. The writ petition is accordingly disposed of.

7. Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MARCH06 2017 ‘rs’ W.P.(C) No.2020/2017 Page 2 of 2

Same Court & Year Delhi · 2017 Same Parties Yogesh Kumar vs The Public Information Officer/Executive Engi... Same Subject Right to Information