Madhya Pradesh HC orders disclosure of governor’s report to Centre
24 July 2013 11:49 PM GMT
In a landmark judgement, the Madhya Pradesh high court has directed disclosure of the Governor’s monthly report sent to the Centre on prevailing political and law-and-order situation in the state. The direction came during hearing of a petition filed against officials of Madhya Pradesh Governor’s House by a RTI activist Ajay Dubey.
In 2011, Dubey had filed an application seeking details of Governor’s reports and the action taken by the administration based on them. Aggrieved over the denial of information by public information officer of the Governor’s Secretariat, he had approached first appellate authority.
The appellate authority overruled the PIO’s order and directed that the information may be given to the activist. The PIO, despite clear direction did not follow order of the appellate authority which forced Dubey to approach state information commission last year.
‘It was a tedious work. I had to fight a typical bureaucratic battle where a PIO has deliberately refused to abide by his senior’s order,’ Dubey said.
Since the SIC did not have either Chief Information Commissioner or Information Commissioners, Dubey had in December last year approached the Madhya Pradesh High Court.
Th high court in its order said there was no provision under Article 226 of the Constitution (which deals in power of high courts to issue certain writs) to issue a writ of Mandamus (an extraordinary order for an authority) for compliance of any order of any authorities working under different departments within the state.
A monthly dossier carrying the status of prevailing political and law-and-order situation in a state is sent to the Ministry of Home Affairs by the Governor.
In 2011, Dubey had filed an application seeking details of Governor’s reports and the action taken by the administration based on them. Aggrieved over the denial of information by public information officer of the Governor’s Secretariat, he had approached first appellate authority.
The appellate authority overruled the PIO’s order and directed that the information may be given to the activist. The PIO, despite clear direction did not follow order of the appellate authority which forced Dubey to approach state information commission last year.
‘It was a tedious work. I had to fight a typical bureaucratic battle where a PIO has deliberately refused to abide by his senior’s order,’ Dubey said.
Since the SIC did not have either Chief Information Commissioner or Information Commissioners, Dubey had in December last year approached the Madhya Pradesh High Court.
Th high court in its order said there was no provision under Article 226 of the Constitution (which deals in power of high courts to issue certain writs) to issue a writ of Mandamus (an extraordinary order for an authority) for compliance of any order of any authorities working under different departments within the state.
A monthly dossier carrying the status of prevailing political and law-and-order situation in a state is sent to the Ministry of Home Affairs by the Governor.
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