High CourtsDivision Bench(2018) 04 SHI CK 0013

Rajender Singh. vs State Information Commission & ors.

High Court Of Himachal Pradesh · Decided on 24 April 2018 · Citation: AIR 2018 HP 100

HON’BLE JUDGES
DHARAM CHAND CHAUDHARY, VIVEK SINGH THAKUR
RESULT
Disposed Of
CASE NUMBER
CWP No. 2728 of 2017

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Judgment

24 paragraphs · 502 words

Dharam Chand Chaudhary, J.Â

1.Petitioner herein is a practicing Advocate. Respondent No. 4 Anant Ram Negi is a litigant and the petitioner is representing the opposite party in

number of cases instituted against Anant Ram Negi aforesaid. Respondent No. 4 has made an application to the PIO-cum-Secretary, Bar Council of

Himachal Pradesh under the Right to Information Act with a prayer to supply him the information as to from which university the petitioner did his LLB

and certified copy of the documents i.e. degree/diploma etc. of the petitioner have also been sought to be supplied. The PIO-cum-Secretary, Bar Council

of Himachal Pradesh has, however, turned down the prayer so made by respondent No. 4 on the grounds, inter-alia, that the information sought to be

supplied is personal, hence cannot be supplied to the applicant- respondent No. 4 herein. Also that, no public purpose would be served by supplying such

information to respondent No. 4.

2.Respondent No. 4 has challenged the order passed by the PIO-cum-Secretary, Bar Council of Himachal Pradesh before the Appellate Authority i.e.

the Chairman, Bar Council of Himachal Pradesh. The appeal, however, met the same fate being dismissed by the Appellate Authority. The respondent

No. 4 preferred appeal before the State Information Commissioner against the aforesaid order. The said appeal has been allowed vide order under

challenge in this writ petition and the PIO-cum- Secretary, Bar Council of Himachal Pradesh has been directed to supply the sought for information to

respondent No. 4 herein, free of costs.

3.Having gone through the record produced by learned Counsel representing the Bar Council of Himachal Pradesh and learned Counsel on both sides, in

our considered opinion, the information sought to be supplied by respondent No. 4 does not fall under any exempted category within the meaning of

Section 8(j) of the Right to Information Act. Even if the information sought to be supplied is treated personal to the petitioner, the disclosure thereof is

required in the larger public interest because the petitioner is a lawyer by profession and the public including respondent No. 4 has the right to know as to

whether he is qualified lawyer or not. The information if supplied does not amount to invasion of the privacy of the petitioner. The information rather has

direct nexus with the public at large because the petitioner is a lawyer by profession. Learned State Information Commissioner, therefore, has not

committed any illegality or irregularity while allowing the application made by respondent No. 4 and directing the PIO-cum-Secretary, Bar Council of

Himachal Pradesh to supply the requisite information. It is further clarified that only the information as per record qua enrollment of the petitioner

maintained in the Bar Council has to be supplied and not the certified copies of his degree/diploma etc. as the same are not required by the respondent

No. 4 nor any public purpose is likely to be served by supplying the copies thereof.

4.The writ petition is accordingly disposed of. Pending application(s), if any, shall also stand disposed of.",,