HC raps UP Information Commission, says "unnecessarily" summoning govt officials affects public work

The Allahabad High Court has rapped the Uttar Pradesh Information Commission for "unnecessarily" summoning government officials, saying that it affects public work.

A bench of Justices Munishwar Nath Bhandari and Alok Mathur said the commission is under obligation to issue a proper notice at the initial stage as to whether the personal appearances of the officer is required or not.

The Lucknow bench of the high court was hearing a plea filed by Superintendent of Police Sanjay Singh challenging order passed by the commission imposing a penalty of Rs 25,000 on him despite furnishing of information.

According to the plea, filed by advocates Shubham Gupta and Vineet Jaiswal, the penalty was imposed merely on the ground that the Public Information Officer (SP) did not appear before the Commissioner Information.

Advocate Amul Mani Tripathi said that the UP Information Commission did not take into consideration that another officer appeared before it to inform that the required information has already been supplied, and the document taken on record.

"We deprecate the practice of the commission to call the officers unnecessarily, as it affect the public work. They are under obligation to issue a proper notice at the initial stage as to whether the personal appearances of the officer is required or not. In variably it is seen that while issuing notice, the columns are not marked or deleted," the high court said.

Further, it said, the Commission should take care of Section 20 of the RTI Act of 2005 before imposition of penalty.

The high court said that it would have imposed a cost on the respondents, but as the officer has retired, "we are refraining to impose cost, but commanding the Information Commission to comply the direction and observation made in this order, so that in future such an order is not passed. It is otherwise giving rise to avoidable litigation".