Patna High CourtCWJC/17111/2009disposed

Chaitanya v. The State Of Bihar And ORS

2021-11-18The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17111 of 2009 ====================================================== CHAITANYA W/O Sri Amresh Kumar R/O Vill- Sahbajpur, P.O. Aima, P.S. Khijarsarai In The District Of Gaya ... ... Petitioner/s

Versus

The State Of Bihar, through the Chief Secretary, Government of Bihar, Patna 2.

The Secretary Deptt. Of Personnel And Administrative Reforms, Govt. Of Bihar, Patna, Namely, Sri Dipak Kumar 3.

The Bihar State Information Commission, Through Its Secretary New Secretariat, Patna 4.

The Deputy Secretary Deptt. Of Personnel And Administrative Reforms, Govt. Of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinu Kumar, Advocate For the Respondent/s :

Mr.AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-11-2021 Petitioner has prayed for the following relief(s): "A) For declaring Right to Information (Amendment) Rules 2009 notified vide Notification No. 12522 dated 19th November, 2009, as contained in Annexure-4 issued by the order of the Hon'ble Governor, Bihar under the signature of Respondent Deputy Secretary, Personnel and Administrative Reforms Department, Government of Bihar ultra vires, as the said Notification is not fit to be operated in the eye of law.

B) Also for declaring the notification

Patna High Court CWJC No.17111 of 2009(14) dt.18-11-2021 2/2 No. 12522 dated 19th November 2009, as contained in Annexure-4 is in utter disregard of Section 27 of the Right to Information Act, 2005 by which amendment has been introduced by the said notification in Rules, 2, 3, 4, 5, 6 and 7 of the Right to Information Act, 2006.

C) Also for directing the respondents to not give effect to Right to Information (Amendment) Rules, 2009 in any manner.

D) Also for any other relief/reliefs for which the petitioner may be found entitled in the eye of law, in the facts and circumstances of the case."

Mr. Dinu Kumar, learned counsel for the petitioner, is graciously not pressing this petition at this time, reserving liberty to take up the issue with the appropriate authority.

Prayer allowed.

Petition is disposed of as not pressed.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS/- U