The Registrar Vs. R S Misra (Delhi High Court)
Upon Analysis Of The Facts Of The Present Case, This Court Is Of The View That It Is Strange That Despite The Respondent Challenging The Impugned Termination Order And Allegations Of Sexual Harassment Levelled Against Him By Way Of Legal Proceedings, He Not Only Re-Agitated The Same Issues But Also Questioned The Judicial Orders By Either Filing Letters On The Administrative Side Or Applications Under The RTI Act.
The CIC Should Not Have Directed The Petitioner To Supply Information, Without Considering Whether The Queries Raised Were Maintainable Under The RTI Act. This Court Is Of The View That Where There Is No Information To Be Given Or Applicant Is Seeking Non-Existent Information Or Where The Query Is Inherently Absurd Or Bordering On Contempt, Like In The Present Case, The CIC Should Not Have Directed The Petitioner To Supply Information.
There Is No Inherent Inconsistency Between SCR And RTI Act. Both Enable The Third Party To Obtain The Information On Showing A Reasonable Cause For The Same.
The Non-Obstante Clause Under Section 22 Of The RTI Act Does Not Mean An Implied Repeal Over All Statutes, But Only An Overriding Provision In Case Of An Inherent Inconsistency. Since Both RTI Act, 2005 And The SCR Aim At Dissemination Of Information, The RTI Act Does Not Prevail Over The SCR.
If Any Information Can Be Accessed Through The Mechanism Provided Under Another Statute, Then The Provisions Of The RTI Act Cannot Be Resorted To.
The Judicial Functioning Of The Supreme Court Of India Is Separate/ Independent From Its Administrative Functioning. The Dissemination Of Information Under The SCR Is A Part Of Judicial Function, Exercise Of Which Cannot Be Taken Away By Any Statute. The SCR Would Be Applicable With Regard To The Judicial Functioning Of The Supreme Court; Whereas For The Administrative Functioning Of The Supreme Court, The RTI Act Would Be Applicable.
The CIC by the Impugned Order Could Not Have Overruled Earlier Decisions of Other Coordinate Benches of the Same Strength.
