2011 (11) TMI 728

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....nformation Act, 2005 (for short 'the Act'). 3. Respondent No. 2 made application, dated 24-7-2010, before the petitioner, under the Act, seeking the following informations : 1.      When were the accounts of the unit M/s. Coastal Andhra Agri Feed Technologies declared NPA and the exact amount of book debts as on the date of NPA of all its accounts? 2.      What is the status of the account as on 1st October, 2009, whether it is classified substandard, doubtful or loss asset? 3.      Whether the Vakalpudi Branch submitted Annexure-I, for ONE TIME SETTLEMENT SCHEME FOR MSE ACCOUNTS to the Competent Authority in compliance of Circular ....

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....who, by the impugned order, allowed the same by holding that the onus, to prove that denial of information is justified, is on the Public Information Officer under Section 19(5) of the Act and that since he failed to offer any such justification, the appeal deserves to be allowed. Feeling aggrieved by the said order, the Public Information Officer has filed the present writ petition. 4. Heard Sri A. Krishnam Raju, learned counsel for the petitioner, and perused the record. 5. In the first place, this Court is of the opinion that the writ petition, filed by the Public Information Officer, is not maintainable because even though he is an employee, he is designated as Public Information Officer, who is charged with the duty of ....

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....relation to the orders passed by the appellate authorities against the orders passed by him. If his order is reversed by the appellate authority, he cannot be treated as aggrieved party giving rise to a cause of action for him to question such Orders. It is only either the public authority, against whom the directions are given, or any other party, who feels aggrieved by such directions, that can question the orders passed by the appellate authorities. As such, the Public Information Officer, who filed this writ petition, is wholly incompetent to question the order of the appellate authority and the writ petition filed by him is not maintainable. 7. Even on merits, this Court has no hesitation to hold that the information sought for....