Times of India: Dehradun: Monday,
23 September 2024.
A single bench of
Uttarakhand high court (HC) led by Justice Manoj Tivari on Sunday dismissed a
petition filed by a teacher from Kanahiya Lal DAVPG College in Roorkee seeking
information about a colleague under the Right to Information (RTI) Act.
The petitioner, Arvind Kumar, is an assistant teacher at the govt-aided college. The court found that he is involved in several writ petitions which are pending before the HC concerning disputes over seniority among the college's teachers. In April 2023, Kumar sought various documents under the RTI Act, including joining letters and educational certificates of assistant teachers appointed in Aug 2015. The college refused to provide these documents, prompting Kumar to approach the State Information Commission (SIC), where his appeal was rejected.
HC upheld the SIC's decision, which had rejected the RTI request, saying the matter was already subjudice. "The view taken by the state information commissioner does not suffer from any infirmity which may warrant interference by this court under Article 226 of the Constitution," said the court while dismissing Kumar's plea.
It said SIC had rightly held that "third-party information cannot be given to the petitioner in view of the provisions contained in the RTI Act." The court further said, "Since the seniority dispute amongst teachers of the college is pending consideration before the HC, the provisions of the RTI Act cannot be invoked for obtaining information."
The petitioner, Arvind Kumar, is an assistant teacher at the govt-aided college. The court found that he is involved in several writ petitions which are pending before the HC concerning disputes over seniority among the college's teachers. In April 2023, Kumar sought various documents under the RTI Act, including joining letters and educational certificates of assistant teachers appointed in Aug 2015. The college refused to provide these documents, prompting Kumar to approach the State Information Commission (SIC), where his appeal was rejected.
HC upheld the SIC's decision, which had rejected the RTI request, saying the matter was already subjudice. "The view taken by the state information commissioner does not suffer from any infirmity which may warrant interference by this court under Article 226 of the Constitution," said the court while dismissing Kumar's plea.
It said SIC had rightly held that "third-party information cannot be given to the petitioner in view of the provisions contained in the RTI Act." The court further said, "Since the seniority dispute amongst teachers of the college is pending consideration before the HC, the provisions of the RTI Act cannot be invoked for obtaining information."
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