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2026 DAILYLAW 25630 (KAR)

BANGALORE WATER SUPPLY & SEWERAGE BOARD v. KARNATAKA INFORMATION COMMISSION

WP/25526/2017 · 2026-06-19

M G S Kamal

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30433 WP No. 25526 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25526 OF 2017 (GM-RES) BETWEEN: BANGALORE WATER SUPPLY & SEWERAGE BOARD, 1ST FLOOR, CAUVERY BHAVAN, K G ROAD, BANGALORE 560009 REPRESENTED BY ITS PERSONNEL MANAGER. …PETITIONER (BY SRI. SHREENIVAS, ADVOCATE FOR SRI. SANJEEV B.L., ADVOCATE) AND: 1. KARNATAKA INFORMATION COMMISSION, NO.14/3, FIRST FLOOR, SRI. ARAVIND BHAVAN (MYTHIC SOCIETY), NRUPATHUNGA ROAD, BANGALORE 560 001. 2. SRI.V. PUTTASWAMY, S/O. VARADASETTY AGED ABOUT 67 YEARS, NO.664, 14TH CROSS 3RD MAIN, BHEL TOWN, RAJARAJESHWARI NAGAR BANGALORE 560 098. …RESPONDENTS (BY SRI. G.B. SHARATH GOWDA, ADVOCATE FOR R1; SRI.CHIKKAPPAJI GOWDA K.V. ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30433 WP No. 25526 of 2017 THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CASE NOS. KIC3260PTN2013, KIC6468APL2014, KIC6671APL2014, KIC7282APL2014, KIC4175APL2015 TO KIC4201APL2015, KIC4227APL2015, KIC4228APL2015, KIC6197APL2015, KIC6198APL2015, KIC6641APL2015, KIC7033APL2015, KIC7034APL2015, KIC8700APL2015, KIC8845APL2015, KIC6052APL2016, KIC6089APL2016 TO KIC6112APL2016, KIC6115APL2016, KIC6115APL2016, KIC6118APL2016, KIC6119APL2016, KIC6121APL2016 TO KIC6123APL2016, KIC6257APL, KIC6258APL2016, KIC6053APL2016 TO KIC6057APL2016, KIC6063APL2016 TO KIC6065APL2016, KIC6069APL2016 TO KIC6082APL2016, KIC6084APL2016 TO KIC6088APL2016 AND KIC6293APL2016 PENDING BEFORE THE KARNATAKA INFORMATION COMMISSION, BANGALORE VIDE ANNEX-B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:30433 WP No. 25526 of 2017 CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The purport and object of promulgation of Right to Information Act, 2005 as the preamble reads was to promote transparency and accountability in the working of every public authority, by creating a right to seek information by the citizens interested therein. The present case on hand indicate the other side of the exercise of such, right deliberate abuse of the right created by the statute. 2. Petitioner was the erstwhile employer of respondent No.2 - private party herein. Respondent No.2 retired from his services on attaining of superannuation on 31.07.2010 as Assistant Chemical Examiner. In furtherance to grievance of his entitlement of promotion and the consequent benefits, Respondent No.2 has apparently started seeking information by issuing letters, notices and thereafter filing applications purportedly seeking information under the Right to Information Act. Records produced in this writ petition indicate that he has filed as many as 101 applications. - 4 - HC-KAR NC: 2026:KHC:30433 WP No. 25526 of 2017 3. Learned counsel for the petitioner submits despite furnishing the informations which were available and possible, respondent No.2 alleging non-compliance of the timeline in furnishing information has filed appeals, in respect of all the said 101 applications, details of which are provided at prayer column of the writ petition. 4. Learned counsel for the petitioner also takes this Court through the nature of information sought for by respondent No.2 in some of the applications. A perusal of which will indicate that respondent No.2 is seeking information regarding his own documents, which he claimed to have submitted. 5. He submits that taking cognizance of the said 101 appeals, filed by respondent No.2, respondent No.1 - Commission has issued notices calling upon the petitioner to appear and participate in the said proceedings alleging misuse, abuse and unwarranted harassment of the concerned officer of the petitioner. 6. Learned counsel for the petitioner further submits that it has become virtually impossible for the officer concerned to - 5 - HC-KAR NC: 2026:KHC:30433 WP No. 25526 of 2017 appear and answer untenable grounds urged in these 101 appeals by the private respondent No.2 which do not meet either the purpose of the Act or the information sought for by him. Therefore, he submits even if the petitioner was compelled to appear before respondent No.1- Commission, it would serve no purpose except petitioner being compelled to answer and be held responsible for unwarranted consequences. Learned counsel for the petitioner further submits that subsequent to filing of the petition, respondent has filed further 158 applications of identical nature. 7. Learned counsel appearing for respondent No.1 on the other hand submits that these 101 appeals alleging non- compliance by concerned officer of the petitioner are seized before respondent No.1, who has not even passed any order either accepting or rejecting those appeals, let alone holding the petitioner responsible for any consequences thereon. He therefore submits that petitioner has not made out any acceptable grievance to maintain the present writ petition. He further submits Commission would consider if the information sought for by the private respondent are available or furnishable within the framework of the Act, 2005 and if it is - 6 - HC-KAR NC: 2026:KHC:30433 WP No. 25526 of 2017 found that the applications filed by respondent No.2 are frivolous and vexatious, appropriate order would be passed in the matter. 8. Learned counsel for the parties also bring to the notice of this Court an identical situation which had arose in writ petition in W.P.No.101260/2024 wherein a private party therein had made as many as 9000 applications seeking information, which was rejected by the authority and even blacklisted the said applicant for gross misuse and abuse of the provisions of the Act. The said order was put in question in the said petition and the Co-ordinate Bench of this Court, sitting at Dharwad had dismissed the said writ petition, confirming the order of the Commissioner and even directed the petitioner - private party therein to pay the Court fee running into Rs.9,64,000/-. Thus, learned counsel for the respondent No.1 submits that there are instances in which the Commission has taken note of and had come down heavily wherever there is clear case of abuse and misuse of the provisions of law and if it is made out in the instant case, appropriate order in that regard would also be passed. - 7 - HC-KAR NC: 2026:KHC:30433 WP No. 25526 of 2017 9. Heard, perused the records. 10. The averments in the petition and documents at Annexures-A and B indicates that respondent No.2 who was the erstwhile employer of the petitioner has filed 101 applications before filing of the present writ petition, and has further purportedly filed 158 applications. Alleged non-compliance of these applications, respondent No.2, has filed as many as 101 appeals, issuance of notice in these appeals has resulted in this present petition. 11. It is the case of the petitioner that information being sought by respondent No.2 are in the nature of he asking for his own documents, that these applications are filed only to cause impediment, discomfort and harassment to the officers in-charge of petitioner. In these circumstances, this Court refrains from making any observation with regard to merits and otherwise of the allegations made. Before proceeding further on the merits of the case, the Commission shall take up these appeals on the preliminary issue of their maintainability in the light of alleged misuse of the same by respondent No.2. The Commission shall also post this matter on one single day - 8 - HC-KAR NC: 2026:KHC:30433 WP No. 25526 of 2017 enabling and for the convenience of the petitioner herein to advert to all these appeals at once. The Commission may take note of the order passed by the Co-ordinate Bench of this Court in W.P.No.101260/2024 while adverting to said appeals. 12. Respondent No.1-Commission, shall pass appropriate order within an outer limit of 30 days from the date of receipt of certificate copy of this order, after intimating the same to respondent No.2. Accordingly, writ petition disposed of. Sd/- (M.G.S. KAMAL) JUDGE GPG List No.: 1 Sl No.: 4