High Court Of ChhattisgarhWPC/2500/2019disposed off

Harish Kumar Ganjir v. State Of Chhattisgarh

2019-07-23Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPC No. 2500 of 2019 Harish Kumar Ganjir S/o Ramdas Ganjir, Aged About 46 Years R/o Village - Riwaghan, Post - Khertha Bazar, Police Staiton - Devri Bangla, Tahsil - Dondi Lohara, District - Balod, , Chhattisgarh --- Petitioner

Versus

1. State of Chhattisgarh through Secretary, Mahanadi Bhawan, Atal Nagar Naya Raipur, District : Raipur, Chhattisgarh

2. The Chhattisgarh State Infomation Commission, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh

3. Director Health Services, Indravati Bhawan, Atal Nagar Naya Raipur, District : Raipur, Chhattisgarh

4. The First Appellate Officer, Chief Medical And Health Office - Rajnandgaon, District - Rajnandgaon, Chhattisgarh

5. Public Information Officer, Block Medical And Health Officer ( Dr. Girish Khobragade ) - Manpur, District - Rajnandgaon, Chhattisgarh --- Respondents 23.07.2019 Mr. Lov Kumar Ramteke, counsel for the petitioner. Mrs. Smita Ghai, P.L., for the State.

Learned counsel for the petitioner submits that by order dated 28.02.2018, certain recommendation for conducting the disciplinary enquiry was directed by the Chief Information Commissioner, however, the same is not being complied with. Therefore, the direction may be issued to the department to comply with the order of Chief Information Commissioner.

A perusal of the order shows that in exercise of power conferred under section 20 subsection (2) of the Right to Information Act, 2005, the recommendation was made by the Chief Information Commissioner for taking disciplinary action against the erring officials.

If the orders are not being complied with, it is the Chief Information Commissioner which has to follow its order and the High

Court cannot be made an executing court of the order of Chief Information Commission.

The petitioners shall be at liberty to approach the Chief Information Commissioner to make such request. With the above observation/direction, this writ petition stands finally disposed of.

Sd/- (Goutam Bhaduri) Judge R a o