Anita Kumari v. Central Information Commission & Ors

Delhi High Court · 05 Jan 2016 · 2016:DHC:8414-DB
The Chief Justice; Jayant Nath
LPA 894/2015
2016:DHC:8414-DB
administrative appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal against the CIC order, holding that once an RTI appeal has attained finality, a subsequent appeal on the same information request by another person cannot be entertained.

Full Text
Translation output
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HIGH COURT OF DELHI
LPA 894/2015
ANITA KUMARI Appellant
Through: MsXatika Chaudhaiy, Adv. for Ms.Avnish Ahlawat, Adv.
VERSUS
CENTRAL INFROMATION
COMMISSION & ORS Respondent
Through: None.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JAYANT NATH
05.01.2016 C.M.No.30224/2015 (delay in refilins)
In view of the facts and circumstances explained in the application, delay in re-filing is condoned and the application is disposed of.
LPANo.894/2015
ORDER

1. The unsuccessful petitioner in W.P.(C) No. 9252/2015 is the appellant before us. The said writ petition was filed by the appellant herein with a prayer to quash the order dated 31.03.2014 whereby the Central Information Commission (CIC) dismissed her Second Appeal preferred under the Right to Information Act, 2005.

2. We have heard the learned counsel for the Appellant. It is evident from the material available on record that the husband ofthe writ petitioner/ appellant herein had sought the very same information relating to the selection of candidates of general category for appointment of Assistant Commissioner (Grade-II) in the Coal Mines Provident Fund Organization 2016:DHC:8414-DB <• and the Second Appeal preferred by him was disposed of by order dated 06.01.2009. Hence, the learned Single Judge was justified in declining to interfere with the order of CIC. As rightly held by the learned Single Judge, once the order on the RTI query of the husband of the appellant herein had attained finality, she cannot be permitted to re-agitate the issue.

3. We do not find any justifiable reason to interfere with the order under appeal and accordingly the appeal is dismissed.

CHIEF JUSTICE JAYANTNATH,J JANUARY 05,2016 'anb'