Birendra Kumar Kaushik v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9742 of 2016 ====================================================== Birendra Kumar Kaushik, Son of Late Muneshwar Sharma, resident of Village- Samatbigha, Police Station- Parasbigha in the district of Jehanabad. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Director, Primary Education, Government of Bihar, Patna.

3. The Regional Deputy Director, Magadh Division, Gaya.

4. The District Education Officer, Jehanabad.

5. The District Program Officer, (Establishment), Jehanabad.

6. The State Information Commission, 4 th Floor, Information Building, Bailey Road, Patna through its Secretary.

7. The Secretary, State information Commission, 4 th Floor, Information Building, Baily Road, Patna.

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

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Respondent/s : Mr. Ga7- Subhash Pd.Singh For State Information Commission: Mrs. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 25-06-2018 Heard Mr. Sunil Kumar, appearing on behalf petitioner, Mrs. Binita Singh, learned counsel for the State Information Commission and the assisting counsel to G.A.-3. Petitioner has filed the present writ application against the order contained in Memo No. 17279 dated 11.3.2016 whereby the State Information Commission has imposed a fine of Rs. 25000/- against the petitioner for dereliction of duty in connection with furnishing information under Right to Information Act. On 25.07.2016 while hearing the writ petition this court observed that admission of the matter will not come in the way of

Patna High Court CWJC No.9742 of 2016 dt.25-06-2018 2/2 the petitioner explaining his conduct before the State Information Commission which is free to modify its order. Today Mr. Sunil Kumar on instruction from the client submits that in view of the observation made by this court in the order dated 27.5. 2016 the State Information Commission has considered the case of the petitioner and waived the fine and as such he submits that now the present writ application has become infructuous.

Considering the aforesaid development, there is no point to enter into the merit of the case and it is disposed of as having rendered infructuous.

(Anil Kumar Upadhyay, J) Ravi/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 03.07.2018 Transmission Date