Manoj Kumar Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.264 of 2014 IN Civil Writ Jurisdiction Case No. 907 of 2010 =========================================================== Manoj Kumar Pandey, Son of Sri Prashuram Pandey, Resident of Village - Dharampura, P.O. Dhamar, P.S. Muffasil Ara, District - Bhojpur .... .... Appellant

Versus

1. The State of Bihar

2. The Chief Secretary, Govt. of Bihar, Patna

3. The State Information Commissioner, Information Building Bailey Road, Patna

4. The Deputy Secretary - Cum - Public Information Officer, Bihar Staff Selection Commission, Patna

5. The Secretary - Cum - First Appellate Authority, Bihar Staff Selection Commission, Patna .... .... Respondents =========================================================== Appearance :

For the Appellant : Mr. Maya Shankar Mishra, Adv. For the Respondents : Mr. Zaki Haider, A.C. to G.A. 6 Mr. Prabhat Kr. Singh, SC 12 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 18-02-2015 The appellant filed an application before the Public Information Officer of the Staff Selection Commission in relation to an examination in which he had appeared. Alleging that the information was not furnished to him, he approached the State Information Commissioner, the 3rd respondent herein. Through its order dated 23.9.2008, the 3rd respondent directed the Staff Selection Commission to furnish necessary information. Alleging that the order has not been complied with, the appellant filed C.W.J.C.

Patna High Court LPA No.264 of 2014 dt.18-02-2015 2/2 No.907/10. Learned single Judge dismissed the petition through order dated 29.10.2013. Hence, this Appeal. Heard Shri Maya Shankar Mishra, learned counsel for the appellant, and Mr. Jaki Haider and Mr. Prabhat Kr. Singh, learned counsel for the respondents. The Right to Information Act (for short the Act) is a self contained Code. Not only it mandates that the information sought for by the applicant must be furnished, but also provides for penalties, if there is non-compliance. Section 20 of the Act provides for penalties. For all practical purposes, the appellant reduced the High Court to the level of an executing authority, for implementation of the orders passed by the authorities under the Act.

We do not find any merit in this Letters Patent Appeal. It is, accordingly, dismissed.

Interlocutory application, if any, stands disposed of.

There shall be no order as to costs.

(L. Narasimha Reddy,CJ) (Vikash Jain, J) K.C.jha/- N.A.F.R.

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