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Patna High CourtCWJC/9067/2024dismissed

Shubham Kumar v. The Union Of India

2024-07-29Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9067 of 2024 ====================================================== Shubham Kumar Sarveshwar Kumar Vill Mauna, PO Taraon, P.S. Nasriganj, District Rohtas, Bihar 821310 ... ... Petitioner/s

Versus

1.

The Union Of India through Secretary to Visitor NIT Patna President Secretariat, Rashtrapati Bhavan, New Delhi 110004 (Delhi) 2.

Central Information Commission, through Chief Information Commissioner, Room No. 403, CIC Bhawan,Baba Gangnath Marg, Munirka, New Delhi 110067 (Delhi).

3.

Department Of Personnel and Training, through Secretary Ministry of Personnel, P G and Pensions, Government of India, North Block, New Delhi 110001 (Delhi).

4.

National Institute Of Technology Patna, through Director NIT Patna Campus, Ashok Rajpath, Mahendru, Patna, 800005 (Bihar) 5.

Asit Narayan, Registrar NIT Patna S/o Basudev Narayan, Himadri Apartment Flat No 11, West Boring Canal Road, Phulwari, Patna 800001 (Bihar).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhas Kumar, In person For the Respondent/s :

Mr. Y. V. Giri, Sr. Advocate Mr. S. K. Giri, Advocate For the UOI :

Mr. Amarendra Nath Verma, Sr. Panel Counsel Mr. Mukesh Kumar, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-07-2024 At the outset, the petitioner, in person, seeks apology and also seeks permission to delete the respondents no.3 and 4 from the array of parties.

2. Permission so sought is granted.

3. Needful be done during the course of the day.

4. The present writ petition has been filed seeking the following reliefs:-

Patna High Court CWJC No.9067 of 2024(3) dt.29-07-2024 2/3 "(i) Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Respondents to take strict disciplinary action against Respondent No. 7, Asit Narayan, Registrar, NIT Patna, as per the CCS (CCA) Rules for his repeated violations of the RTI Act. (ii) Direct Respondent No. 2 Central Information Commissioner for the deduction of a fine of Rs. 25,000 per pending RTI application from the salary of Respondent No. 7 for all pending RTI applications under section 20(1) of RTI Act 2005.

(iii) Direct Respondent No. 3, Department of Higher Education, and Respondent No. 4, Department of Personnel & Training, to ensure strict implementation of the RTI Act and to take appropriate action against any violations by public officials in NITs/IITs/IIITS. (iv) Direct Respondent No. 2, Central Information Commission, to monitor the compliance of its orders and take necessary actions against public authorities failing to adhere to the RTI Act provisions.

(v) Direct Respondent No. 4, Director of NIT Patna, to report the misconduct of public officials, including Respondent No. 7, to the higher authorities for necessary penal action.

(vi) Direct Respondent No. 1, Visitor NIT Patna, to issue an advisory to all autonomous institutes for the strict implementation of the RTI Act 2005."

5. The petitioner, in person, seeks not to press the present writ petition, however, seeks a direction upon the

Patna High Court CWJC No.9067 of 2024(3) dt.29-07-2024 3/3 respondents to process his applications filed under the Right to Information Act, 2005 as also the appeals filed by him under the Right to Information Act, 2005, in accordance with the provisions contained therein. It is directed, accordingly.

6. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) kanchan/- U