# In the matter of Central Public Information Office vs. Central Information Commission & Ors. Writ Petition No. 2346 of 2011 (GM-RES) C/W Writ Petition No. 663 of 2011

> HC judgment dated 2023-04-10. Citation: TCN-2023-HC-00066. The Central Public Information Officer (CPIO) filed a writ petition challenging an order by the…

- **Court:** HC
- **Order date:** 10 Apr 2023
- **Citation:** TCN-2023-HC-00066
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/central-public-information-office-vs-central-information-commission-ors-writ-pet-8338f155

## Summary

### Background

The Central Public Information Officer (CPIO) filed a writ petition challenging an order by the Second Appellate Authority directing the CPIO to provide information to an applicant. The CPIO claimed to have received a complaint alleging the applicant was using the Right to Information Act for blackmail. The Second Appellate Authority directed the CPIO to furnish the information within two weeks and waived the payment of fees due to the delay in furnishing the application.

## Facts

An application seeking information was filed on 2009-02-26. A first appeal was preferred on 2009-04-09 because the information was not provided. The First Appellate Authority directed the CPIO to furnish the information within fifteen days of order dated 2009-05-05. The CPIO did not furnish the information, resulting in a second appeal on 2009-09-21. This second appeal was initially dismissed by one Information Commissioner but was later transferred to another bench. The new authority directed the CPIO to provide the desired information along with photo copies within ten days. The CPIO, instead of complying, submitted an appeal to the Chief Information Commissioner on 2010-11-19. The CPIO contended that he received a complaint alleging the applicant was utilizing the

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## Issues and analysis

### Issue 1: Whether the Central Public Information Officer (CPIO) is justified in challenging the order passed …

**Ratio:** The Right to Information Act, 2005, does not confer any legal right on the Public

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**Reasoning:** The court reasoned that the CPIO's role is limited to dealing with the request for

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**Interpretation:** The Act clearly defines the role of the CPIO as a facilitator of information

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**Application:** The court applied this principle to the facts of the case, holding that the

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## Parties

- **Judges:** NS SANJAY…
- **Appellants:** CENTRAL PUBLIC…
- **Respondents:** CENTRAL INFORMATIO…
- **Other parties:** Kohi…

## Timeline

- **2008-03-29 — Application for…**: Nine applications were filed seeking…
- **2008-10-14 — Petition Presented to…**: The petition for information…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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