Madhya Pradesh High Court

WP/19860/2020 of ABHISHEK JOSHI Vs THE STATE OF MADHYA PRADESH on 31 December 2020

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Court of Madhya Pradesh WP.19860/2020 (Abhishek Joshi Vs. The State of M.P.

The High Court of Madhya PradeshWP.19860/2020(Abhishek Joshi Vs. The State of M.P. )

Gwalior dated : 31/12/2020

Shri Rohit Jagwani, learned counsel for petitioner.

Shri Vijay Sunderam, learned Panel Lawyer for the State.

Heard through video conferencing.

The present petition filed u/Art. 226 of the Constitution seeksfollowing reliefs:-

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1. The Hon'ble High Court may please to issuedirection to the respondent no.2 to decide the pendingsecond appeal dated 09.07.2020 ANNEXURE P/1 filed bythe petitioner and provide the information sought by thepetitioner under the application filed by him under theprovision of RTI Act in application dated 09.11.2019ANNEXURE P/3.

2. The Hon'ble Court also may kindly issue direction tothe respondent no.2 to punish the respondent no.3 & 4 fornot supplying the information under the provision of RTIAct by imposing penalty of Rs.250/- per day.

3. The respondent no.2 may kindly be directed to takedisciplinary action against respondent 3 & 4 for notsupplying the information under the provision of RTI Act.

4. Any other order or direction deemed just and properin the facts and circumstances of the case may also be (Bu)

DHANANJAY BUCHAKEDigitally signed by DHANANJAY BUCHAKE DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=6489e9ca230b3031a4b44a621934281f589875c02fb2a20e4220aebc8a3ba7ec, cn=DHANANJAY BUCHAKE Date: 2021.01.02 14:55:11 +05'30'

passed, with cost of these proceedings.

The principal grievance of the petitioner is that despite filing ofsecond appeal on 23/11/2020 vide P/1 through mail against in-actionof respondents No. 3 & 4 in providing necessary information, saidsecond appeal still continues to be pending before the StateInformation Commissioner, Bhopal/respondent No.2.

In view of petitioner having availed the statutory remedy underRight to Information Act, this Court declines interference and relegatesthe petitioner to pursue the matter with hope and expectation thatrespondent No.2- State Information Commissioner shall decide thepending second appeal of the petitioner as expeditiously as possiblepreferably within a period of four weeks from the date of receipt ofcertified/E-copy of this order.

With the aforesaid observation, this petition stands disposed of,sans cost.

(Sheel Nagu)Vacation Judge

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