Meena Devi vs State of H.P. and Others

Dev Darshan Sud, J.—When this petition was taken up for hearing today, learned counsel appearing for the petitioner drew our attention to Annexures P-9 to 12, which is the information received by the petitioner under the Right to Information Act. Learned counsel submits that if this information/record had been on the record of the Appellate Authority (Divisional Commissioner in this case), the result of the appeal would have been different. He submits that this material was not available with the petitioner and has been obtained subsequent to the decision in appeal. We find that since these documents are coming for the first time before us, we are not inclined to take them into consideration, but are facts within the adjudicatory power of the Divisional Commissioner. In these circumstances, it will be open to the petitioner to approach the Divisional commissioner, Mandi and bring these facts/documents to his notice. Needless to add that the appellate authority shall consider them afresh after notice to the respondent (s) and an opportunity to lead further evidence. Petition stands disposed of.

All pending miscellaneous applications also stand disposed of.