Patna High CourtL.P.A/998/2011disposed

Pramod Kumar Singh v. The State Information Commissi

2017-09-07The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.998 of 2011 In Civil Writ Jurisdiction Case No.2875 of 2010 ====================================================== Pramod Kumar Singh, son of Late J. Sinha, resident of Mohalla- Judges Colony, R.P.S. Road, P.S.- Danapur, District- Patna ... ... Appellant/s

Versus

1. The State Information Commission through Secretary, State Information Commission, Fourth Floor, Soochna Bhavan, Bailey Road, Bihar

2. The Public Information Officer, Patna Municipal Corporation, Patna

3. The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna

4. The Town Commissioner, Patna Municipal Corporation, Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mrigank Mauli, Advocate For the Respondent/s :

Mrs. Binita Singh, Advocate For the P.M.C.

Mr. Sanjay Prakash Verma, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 07-09-2017 Having heard learned counsel for the parties, we find that before imposing the cost and penalty of Rs.25,000/- on the appellant, the State Information Commission has not heard the appellant, no notice was issued to him and the fine has been imposed behind his back.

That being so, we allow this appeal in part, quash the order dated 03.05.2011 passed by the Writ Court in C.W.J.C. No. 2875 of 2010 and remand the matter back to the State Information Commission to proceed with the question of imposing the fine of Rs. 25,000/- afresh after issuing notice to

Patna High Court LPA No.998 of 2011 dt.07-09-2017 2/2 the appellant, hearing him and thereafter passing a speaking order meeting with the requirements of principles of natural justice under Section 20 of the Information Commission Act. The entire exercise should be undertaken and completed within a period of 60 days.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 11.09.2017 Transmission Date