Re: [HumJanenge] RTI Respondents can seek deposit of legal fees

Mr Sarbajit,

But in April 2012, the J&K SIC declared J&K Bank a PA under the

J&K RTI Act:

http://www.rtiindia.org/forum/94594-jammu-kashmir-bank-declared-public-authority-under-j-k-rti-act-2009-j-k-information-commission.html 

RTIwanted

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From: Sarbajit Roy <sroy.mb@gmail.com>
To: humjanenge <humjanenge@googlegroups.com>
Sent: Saturday, August 4, 2012 10:23 AM
Subject: [HumJanenge] RTI Respondents can seek deposit of legal fees

In a recent decision of Delhi High Court (in yet another of Shailesh
Gandhi's bakwaas orders) has directed the Write Petitioner to deposit
Rs. 10,000 as litigation expenses for Respondent.

IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 2844/2012 and C.M. No. 6148/2012 (for stay)

THE JAMMU AND KASHMIR BANK LTD AND ANR ..... Petitioners
Through: Mr. Vijay Hansaria, Sr. Advocate, with Mr. G. M. Kawoosa, Adv.
versus
THE CENTRAL INFORMATION COMMISSION
AND ANR ..... Respondents

  O R D E R

  14.05.2012

  At the outset, learned senior counsel for the petitioner, on
  instructions, states that respondent no.1 may be deleted from the array
  of respondents. The said prayer is accepted. Let an amended memo of
  parties be filed within a week.

  The submission of learned senior counsel for the petitioner firstly
  is that the Right to Information Act does not extend to the State of
  Jammu and Kashmir. The petitioner bank has its registered office in
  Jammu and Kashmir and branch offices outside the said State. However,
  the direction issued by the CIC is that the petitioner bank should
  appoint PIOs for all its branches. The next submission of the learned
  senior counsel is that the Jammu and Kashmir High Court has taken a view
  in SWP Nos. 960-a/1992, 1137/1994 and 2133/2000, by its decision dated
  03.04.2006 that the Jammu and Kashmir Bank i.e., the petitioner is not
  amenable to writ jurisdiction on the ground that the State does not have
  financial or administrative control over the said Bank.

  The aforesaid submissions require consideration.

  Issue notice to the surviving respondent, returnable on 16.10.2012.

  Till the next date, the operation of the impugned order shall
  remain stayed subject to the petitioner depositing an amount of
  Rs. 10,000/- in the Registry of this Court towards litigation expenses of
  the respondent within a week.

  VIPIN SANGHI, J

  MAY 14, 2012