Sikkim High Court
WP(C)/36/2022 of YOZAN RAI Vs CHIEF INFORMATION COMMISSIONER AND ORS. on 7 November 2023
COURT OF SIKKIM Record of proceedings W.P. (C) No. 36 of 2022 YOZAN RAI .... PETITIONER VERSUS CHIEF INFORMATION COMMISSIONER & ORS. .... RESPONDENTS Date: 07.11.2023 CORAM HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J. For Petitioner : Mr. N. Rai, Senior Advocate with Ms. Tara Devi
W.P. (C) No. 36 of 2022
YOZAN RAI
.... PETITIONER
VERSUS
CHIEF INFORMATION COMMISSIONER & ORS.
Date: 07.11.2023
.... RESPONDENTS
CORAM
HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J.
For Petitioner : Mr. N. Rai, Senior Advocate with Ms. Tara Devi Chettri and Ms. Priscila Rai, Advocates.
For Respondent : Dr. Doma T. Bhutia, Additional Advocate General Nos. 1, 2 & 3. with Mr. Shakil Raj Karki, Assistant Government Advocate.
For Respondent : Mr. Bhushan Nepal and Mr. Loknath Khanal, No. 4. Advocates.
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1. The present writ petition is directed against an Order dated 25.05.2022 passed by the Chief Information Commissioner (Sikkim). In the said Order it is reflected that an appeal filed by the petitioner is pending before the Appellate Authority. In such view of the matter the Chief Information Commissioner directed the First Appellate Authority to take appropriate steps as per the RTI Act, 2005. The respondents had filed their counter-affidavits where they have also taken the stand that the appeal is still pending for disposal.
2. Thus it would be appropriate for the petitioner to exhaust its statutory remedy before the Appellate Authority under the RTI Act, 2005. Liberty as sought for by the learned Senior Counsel to go back to the Appellate Authority is granted.
3. The writ petition is accordingly disposed of along with pending interim application.
Judge