The Madras high court on Tuesday stayed the order of the Tamil Nadu Information Commission (TNIC) directing the public information officer (PIO) of the high court to furnish information sought by two RTI applicants.
A division bench of Justices P. Jyothimani and M. Duraiswamy also ordered notice to the two RTI applicants, K. Elango and A. Venkatesh, on the petitions filed by the registrar general of the high court.
S. Haja Mohideen Gisthi, appearing for the registrar, contended that one A. Venkatesh had sent a representation to the PIO stating that he had lodged a complaint with the registrar (vigilance) of the court against two district judges and based on that he sought information relating to the deposition of witnesses, written statements of defence and the findings of the enquiring judge.
As the information was not furnished by the PIO, he filed an appeal and the TNIC directed the PIO to furnish the information within 15 days and the action taken report.
The commission has passed the order without considering that the information sought by the applicant was barred by the provisions of Section 8 (1) (j) of the RTI Act. The commission was wrong in rejecting the contention of the petitioner, said Gisthi.