Nazir Ahmad, v. The State Information Commission,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24160 of 2019 ====================================================== Nazir Ahmad, S/o Md. Hussain, R/o village- Damdama, Deswatoli, P.S.- Gangi, Dist- Kishanganj.

... ... Petitioner

Versus

1.

the State Information Commission, through Secretary, Fourth Floor, Suchana Bhawan, Bailey Road, Patna.

2.

The Chief Information Commission, State Information Commission, Fourth Floor, Suchana Bhawan, Bailey Road, Patna.

3.

The State of Bihar through Collector, Muzaffarpur. 4.

Anil Kumar, S/o Braj Raj Prasad Sinha, R/o village- Sirsiya Jagdish, P.s.- Motipur, Dist- Muzaffarpur.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Sanjay Parasmani For the Respondent State:

Mr. Gyan Shankar, AC to GP-2 For the SIC :

Mr. Lalit Kishore, Senior Advocate Mrs. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-12-2019 The present writ application has been filed challenging the order dated 08.05.2019 passed by the State Information Commission, Bihar, communicated to the petitioner through Memo No. 1319 dated 23.05.2019. By the impugned order, a penalty of Rs.25,000.00 has been imposed against the petitioner for not furnishing information under the Right to Information Act in his capacity as State Public Information Officer (SPIO).

Learned counsel appearing on behalf of the petitioner has submitted that it was because of certain circumstances beyond his control and completely unavoidable that he could

Patna High Court CWJC No.24160 of 2019(2) dt.05-12-2019 2/2 not reply to the show cause notice, which was issued to him before the said penalty was imposed. He submits that the petitioner has made an application for recall of the said order before the State Information Commission (Annexure-3), which is pending.

The petitioner shall be at liberty to pursue his application for recall before the State Information Commission, which may be considered in the facts and circumstances of the case.

This writ application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U