Ponnusamy.S v. Tamil Nadu Information Commission

ORDER This Writ Petition has been filed for issuance of Writ of Mandamus, directing the third respondent to comply with the order passed by the first respondent, dated 20.02.2019 and to furnish the detailes requested by the petitioner under the Right to Information Act, through application dated

02.11.2017.

¶2The case of the petitioner is that disciplinary proceedings were initiated against him and he was awarded the punishment of stoppage of two increments with cumulative effect. According to the petitioner, a representation was given by the petitioner seeking for mercy and the Legal Department had considered the same favourably. The petitioner wanted this information of the Legal Department and hence, made an application under the Right to Information Act, seeking for this information. Since there was no response, the petitioner filed an appeal before the first respondent. The first respondent through order dated 11.03.2020, stated as follows:- ''7.,e;epiyapy;> Nky;KiwaPl;lhsH 07.02.2018 Njjpapl;l jfty; ngWk; chpikr; rl;lj;jpy; Nfhhpa jfty;fSf;F Vw;fdNt> 06.03.2019 kw;Wk; 10.03.2020 Mfpa Njjpfspy; gjpy; mspf;fg;gl;Ls;sjhfTk;> mjpy; tpLgl;Ls;s Nky;KiwaPl;lhsH Nfhhpa xOq;F eltbf;if ,uj;J nra;tJ Fwpj;j Legal Cell Copy Fwpj;j jfty;fSf;F Nky;KiwaPl;lhsUf;F chpa rhd;nwhg;gkpl;L gjpT jghy; %yk; Nky;KiwaPl;lhsUf;F mDg;gp itj;J mjd; kDtpid 18.03.2020 Njjpapy; Mizaj;jpy; Nehpy; M[uhfp rkHg;gpf;FkhW ,d;iwa tprhuizf;F M[uhd nghJj; jfty; mYtyUf;F Mizak; cj;jutpl;L> mjid nghJj; jfty; mYtyH mtHfs; jdJ vOj;J %yk; midj;J tptuq;fisAk; mspg;gjhf Mizaj;jpy; njhptpj;J> mjid Nky;KiwaPl;lhsUk; xg;Gf; nfhz;ljd;Nghpy;>

,t;tof;fpy;

NkYk;

tprhuiz Njitapy;iynad Mizak; KbT nra;J ,t;tof;F Kw;whf;fg;gLfpwJ.''

¶3In view of the above, the petitioner is seeking for compliance of the order passed by the first respondent and to furnish the details as requested by him.

¶4Heard the learned counsel appearing for the parties.

¶5The third respondent has come up with a definite stand that the Legal Department did not provide any information or give any recommendation to consider the mercy petition given by the petitioner. This was also informed to the petitioner by the third respondent through the letter dated 17.03.2020. In the light of this specific stand taken by the third respondent, there is no ground to direct the third respondent to furnish the details as sought for by the petitioner. Only if the document is available, it can be furnished to the petitioner and in the absence of the same, the third respondent cannot be compelled to give the document, which according to the third respondent, is not available with them. In view of the same, the relief sought for by the petitioner cannot be granted by this Court. Accordingly, this Writ Petition stands dismissed. No costs. NCC : Yes/No

09.10.2023 Index : Yes/No smn2 To

1.Tamil Nadu Information Commission No.2, Thiyagaraja Salai, Teynampet, Chennai – 600 018.

2.The Chief Engineer, Personnel, Appellate Authority (Under RTI), TANGEDCO, 144, Anna Salai, Chennai.

3.The Public Information Officer, Managing Director Office, TANGEDCO, 144, Anna Salai, Chennai. N.ANAND VENKATESH, J. smn2 W.P.(MD) No.19752 of 2020

09.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2023 CORAM THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH S.Ponnusamy .. Petitioner Versus 1.Tamil Nadu Information Commission No.2, Thiyagaraja Salai, Teynampet, Chennai – 600 018. 2.The Chief Engineer, Personnel, Appellate Authority (Under RTI), TANGEDCO, 144, Anna Salai, Chennai. 3.The Public Information Officer, Managing Director Office, TANGEDCO, 144, Anna Salai, Chennai. .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to comply with the order of the first respondent dated 20.02.2019 and furnish the details as requested by the petitioner under the Right to Information Act, in his petition dated 02.11.2017. For Petitioner : Ms.Chamundi Bose For R1 : Mr.K.K.Senthil Standing Counsel For R2 and R3 : Ms.Parameshwari for Mr.S.Dheenadhayalan