Sanjay Kumar v. The State Information Commission And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7590 of 2015 ======================================================

1. Sanjay Kumar, Advocate. C/o Dr. Ganga Dayal Singh. Resident of Mohalla - Yarpur Yogia Tola, Patna - 800001, Near B.D. Evening College. .... .... Petitioner (in person)

Versus

1. The State Information Commission through its Secretary, Suchana Bhawan, Bailey Road, Patna.

2. The District Magistrate-cum-Appellate Authority, Patna.

3. The Sub-Divisional Magistrate, Patna Sadar, Patna.

4. The State of Bihar through the Secretary, Home Department.

5. The Deputy Superintendent of Police, Patna Sadar, Patna.

6. The Officer-in-Charge of Gardanibagh, Police State, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Sanjay Kumar For the SIC : Ms. Binita Singh For the State : Mr. Sharad Kumar Sinha, GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-08-2015 Heard the petitioner who has appeared in person, Ms. Binita Singh for the State Information Commission ( for short 'the Commission') and the counsel for the State. The petitioner requested for supply of certain information vide (Annexure-1) invoking relevant provisions of Right to Information Act ( for short 'the Act'). By Annexures 3 and 4, the same was/were supplied. Dissatisfied therewith the petitioner filed an appeal. The appeal was also disposed of by directing the Sub Divisional Magistrate to supply the relevant details. The petitioner was still aggrieved and made an application before the Commission under Section 19 of the Act. The present writ petition has been filed raising a grievance that the information

Patna High Court CWJC No.7590 of 2015 (3) dt.14-08-2015 2/2 were supplied beyond the time. The concerned authorities were, therefore, liable to be penalized as per the provisions of the Act. Counsel for the State, on the other hand, submitted that the information sought by the petitioner was duly supplied to him. The litigation between the petitioner and Ram Dulari Devi is now pending in the Court of Sub Divisional Magistrate under Section 107 of the Cr.P.C. on a report submitted by the police . If the petitioner wants any further information/document, he may do so by applying for the certified copies of the relevant documents available on the record of the said proceeding. Be that as it may, since a grievance has been raised by the petitioner that information were supplied belatedly for which he has already approached the respondent -Commission, this Court is not inclined to pass any order. It is for the petitioner to pursue his application which is said to have been filed before the respondent -Commission for consideration and disposal in accordance with law.

The application is dismissed.

(Kishore Kumar Mandal, J) Shyam/- U