IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20441 of 2008 Between: Dr. T.K. Srinivasulu Chief Medical Officer, (Retired) Govt. Homoeo. Hospital, Ramanthapur, Hyderabad R/o.23-5-465, Lal Darwaza X Roads, Hyderabad. ..... PETITIONER AND 1 The Information Commissioner, HACA Bhavan Nampally, Opp. Public Gardens, Hyderabad. 2 The Appellate Authority/Dr. Vijaya Kumar, I.A.S. Commissioner of AYUSH, Dept. of AYUSH, Abids, Hyderabad. 3 The I/c Additionmal Director, Dr. P. Onnuru Setty Dept., of AYUSH, Abids, Hyderabad. 4 The Public Information Officer/Smt. Vajramma I/c Deputy Director, Dept. of AYUSH Abids, Hyderabad. 5 The Principal Secretary to Government General Administrative (Services) Department, Secretariat, Hyderabad. 6 The Principal Secretary to Government Health , Medical & Family Welfare Department, Secretariat, Hyderabad. 7 The Accountant General, Saifabad, Hyderabad. 8 Dr. K.A. Abdul Lateef, Additional Director (Unani) Department of AYUSH, Abids,Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ order or direction particularly a writ of Mandamus calling for all the records in and connected with the Memo No. 4122/U1/2008 dt. 1-5- 2005 on the ﬁle of the 3rd Respondent and quash the same by declaring the service Register, Date of Birth Certiﬁcate, Qualiﬁcation Certiﬁcates of a Government Servant, the 8th Respondent herein are as Public Documents and Consequently to direct the 1st to 6th Respondents to furnish the information sought for by the Petitioner in his Application dt. 29-3-2008 and also to direct the Respondents 2nd to 6th to recover all the salaries etc. paid to the 8th Respondent after the 8th Respondent's attaining the age of 58 years on 30-6-2002 and or pass Counsel for the Petitioner:PARTY-IN-PERSON Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 20441 OF 2008 ORDER: 1. This writ petition has been ﬁled by T.K. Srinivasulu assailing the inaction of the appellate authority, Commissioner of Ayush, Abids, Hyderabad-2nd Respondent in considering the appeal ﬁled assailing the rejection order passed by the Information Commissioner, HACA, Bhavan, Nampally, Hyderabad-1st respondent. 2. The petitioner worked as Chief Medical Oﬃcer and retired from service in October, 2007. He questioned the correctness of the date of birth of Dr. K.A.Abdul Lateef, Additional Director (Unani) –8th respondent. He submitted an application to the Public Information Oﬃcer-4th respondent invoking the jurisdiction under Right to Information Act requiring him to furnish the service particulars of 8th respondent. His application came to be rejected. Thereupon he ﬁled an appeal before the appellate authority-2nd respondent. Since there is no response from the appellate authority, he invoked jurisdiction of this Court under Article 226 of the Constitution of India assailing the inaction of the appellate authority. 3. When the writ petition came up for admission, learned Government Pleader for Information and Technology received notice on behalf of Respondents 1,4 and 5. 4. Heard party in person and learned Government Pleader for Information and Technology appearing for Respondents, 1,4 and 5. 5. The factual aspect of petitioner presenting appeal before 2nd Respondent assailing the rejection order passed by the 4th respondent is not in dispute. 6. In that view of the matter, this writ petition is disposed of directing the 2nd respondent to consider the appeal ﬁled by the petitioner under Section 19(3) of the Right to Information Act and pass appropriate orders as expeditiously as possible. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 22nd September, 2008 KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 20441 OF 2008 22nd September, 2008.