Uttarakhand High Court
WPMS/2144/2023 of MUKESH KASHYAP Vs COMMISSIONER STATE INFORMATION COMMISSION on 19 August 2026
2026:UHC:7475
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2144/2023 Mukesh Kashyap --Petitioner Versus Commissioner State Information Commission --Respondent Hon’ble Manoj Kumar
UKHC010121782023
2026:UHC:7475
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS
WPMS/2144/2023
Mukesh Kashyap
--Petitioner
Versus
Commissioner
State
Information
Commission
--Respondent
Hon’ble Manoj Kumar Tiwari, J
1. Mr. Siddhartha Singh, learned counsel for the petitioner.
2. Mr. Lalit Miglani, learned counsel for respondent nos. 2 & 3.
Page 1 of 3
3. Second appeal, filed by petitioner under Section 19 of the Right to Information Act, 2005, was dismissed only on the ground that the relevant file, regarding which information was sought, is missing from the office of Nagar Nigam and an FIR has been registered regarding the same.
4. Mr. Lalit Miglani, learned counsel appearing for the Nagar Nigam Roorkee was asked to get copy of FIR. Today Mr. Lalit Miglani has produced in Court the written instructions received by him from Assistant Municipal Commissioner, Nagar Nigam, Roorkee, which is taken on record.
5. Based on the written instructions, Mr. Lalit Miglani submits that FIR is yet to be filed while is likely to be registered within a couple of days. Thus, it is apparent that correct facts were not UKHC010121782023
2026:UHC:7475 placed before State Information Commissioner and second appeal filed by petitioner was dismissed based on incorrect fact that regarding missing file, an FIR is registered, and the State Information Commissioner could not ascertain the truth, while dismissing the appeal.
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6. In such view of the matter, the writ petition is allowed. The impugned order dated 09.02.2023 is set-aside. The second appeal shall stand restored to the file of State Information Commissioner, while shall be decided as early as possible, as per law.
(Manoj Kumar Tiwari, J)
19.08.2026 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3 a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22D ACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.08.19 06:25:59 -07'00'
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