Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

kumar ajinkya (service)     22 October 2020

Rti - 2nd appeal

Hi All

I am facing a false & frivolous criminal case in which I filed a Quash Petition in Chandigarh HC. The state has filed an Affidavit in HC stating that my petition is not maintainable and they have incriminating evidence against me on record based on which the case is made. I have filed an RTI Application with the police asking for the "incriminating evidence" but the SPIO has replied saying no such information is available on record. In response to my second appeal, the State Information Commission has mentioned that the SPIO cannot provide information NOT available on record and hence the second appeal is disposed off. 

My Query! Is it a fit case to file a writ petition in HC against the SIC Order or not?

Any thoughts would be appreciated.

Regards

 



Learning

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     22 October 2020

1.  YES a quashing WP is 100% maintainable.

2.  ALSO You may prefer to file for Perjury and Contempt of Court and Abuse of Authority, for the false affidavit based on the RTI reply.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kumar ajinkya (service)     22 October 2020

Hi Hemant

Thanks for your guidance. I am planning to file for perjury in HC.

Will a writ petition in HC  against the SIC Order asking for penalty against the SPIO (and custodian of information) under RTI Act for failure to provide information with malafide intention.....likely to succeed in this matter?

Regards

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register