Madhya Pradesh High Court (MPHC) has directed the State Information Commission Bhopal to pay Rs.2000 to the petitioner (accused in corruption case) for denying a copy of the order of grant of sanction for prosecution.
The respondents officials under Right to Information Act (RTI) denied the copy citing reason of pendency of investigation in the case whereas the chargesheet was already filed in the court, the petitioner claimed.
A division bench of Justice Sheel Nagu and Justice AK Sharma directed the petitioner shall be paid a cost of Rs.2,000/- (Rupees Two Thousand only) by the respondent No.1 (State Information Commission Bhopal) within 60 days failing which the matter be listed as PUD for compliance qua cost.
“It is evident that in all fairness the Public Information Officer while rejecting the request for grant of copy of the order of sanction for prosecution ought to have verified the fact as to whether the investigation is over by filing a charge sheet or not. No effort was made in that regard, the court order said.
More so, the First Appellate Authority and the Second Appellate
Authority i.e. respondent Nos.2 (the deputy commissioner commercial tax Indore) and respondent no. 1 (State Information Commission) ought to have also noticed this mistake which was not done, the court order said.
The burden of bearing the cost thus ought to rest on the higher authority rather than the lower authority, the court order said.
It is obvious that the petitioner was compelled to knock the doors of this Court by initiating the present avoidable piece of litigation, the court order said.
The impugned decision dated 28.07.2020 (Public Information Officer), the appellate (first) order dated 31st August, 2021 and the order passed in Second Appeal dated 23.06.2021 are set-aside, the court order said.
With this direction the court allowed the petition filed by PK Shrivastava.
The petitioner challenged the respondents action denying the copy of order of grant of sanction for prosecution against him in a crime no. 05/2018, registered at Police Station-Special Police Establishment, Bhopal allegedly for offences punishable U/s 7, 13(1)D, 13(2) of Prevention of Corruption Act, 1988.
The respondents denied the copy citing reason of pendency of investigation in the case whereas the chargesheet was already filed in the court, the petitioner claimed.
