Gopi Sahu v. Chhattisgarh Rajya Suchna Aayog, Raipur

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2707 of 2016 • Gopi Sahu S/o Late Dhan Sai Sahu Aged About 37 Years R/o Saryodaya Nagar, Pachpedi Naka, Raipur, Revenue And Civil District: Raipur, (Chhattisgarh).

---- Petitioner

Versus

1. Chhattisgarh Rajya Suchna Aayog, Raipur Through: Secretary, Indravati Khand, First Floor, Shastri Chowk, G. E. Road, Raipur, District : Raipur, (Chhattisgarh).

2. First Appeallate Authority / The Secretary General Administration Department, State Of Chhattisgarh, Raipur, District: Raipur, (Chhattisgarh).

3. The Jan Suchna Adhikari / Officer Chief Minister, State Of Chhattisgarh, Mantralaya, Naya Raipur, District Raipur, (Chhattisgarh). ---- Respondents For Petitioner :

Shri Umesh Pandey, Advocate For Respondent No.1 :

Shri Shayam Sunder Lal Tekchandani, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 03/11/2016

1. Admittedly, petitioner's first appeal before the appellate authority under the Right to Information Act, 2005 (for short 'the Act, 2005') is pending consideration. This petition has been filed on the ground that the appellate authority is not deciding the appeal which is pending for the last more than five months.

2. Shri Tekchandani, learned counsel for respondent No.1 would submit that the petitioner has a remedy of filing second appeal before respondent No.1 under Section 19 (3) of the Act, 2005. If the petitioner moves an appeal, the

same shall be considered by respondent No.1, in accordance with law.

3. In view of the above, the writ petition is disposed of with liberty to the petitioner to move second appeal before respondent No.1 under Section 19

(3) of the Act, 2005.

Sd/- Judge Prashant Kumar Mishra Ashu