Janak Lal Gupta v. Chhattisgarh State Information Commission

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4487 of 2019 Janak Lal Gupta S/o Late Triloki Sao Aged About 66 Years R/o Manipur (Kabirward) , Ambikapur , District Surguja Chhattisgarh ---- Petitioner

Versus

1. Chhattisgarh State Information Commission Atal Nagar New Raipur, District Raipur Chhattisgarh

2. First Appellate Officer Office Of Divisional Joint Director , Health Services, Surguja Division, District Surguja Chhattisgarh.

3. Public Information Officer, Office Of Chief Medical And Health Officer, Ambikapur , District Surguja Chhattisgarh ---- Respondents For Petitioner : Shri Govind Dewangan, Adv.

For Respondent No. 1 : Shri Shyam Tekchandi, Adv.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11.12.2019

1. The challenge in the present writ petition is to the order dated 06.08.2019 passed by the respondent No. 1. Vide the said order, the respondent No. 1 had dismissed the second appeal filed by the petitioner and thereby affirming the order passed by the first Appellate Officer as well as Public Information Officer.

2. Counsel for the petitioner submits that petitioner is a information seeker and had approached the respondent No. 3 for providing certain information under the Right to Information Act. The petitioner was required to deposit certain requisite fees for the same. Fees as per rules was to be paid by cash or by money order. Instead of depositing the same by way of cash or by way of money order, the petitioner submitted a personal cheque for an amount of Rs. 10/-. This submission of the personal cheque as payment of fees was refused by the respondent No. 3. The Petitioner, instead of

-2depositing the fees payable by way of cash or by way of money order, preferred first appeal to the respondent No. 2 and the respondent No. 2 has also dismissed the appeal affirming the view taken by the respondent No. 3. Subsequently, petitioner further preferred a second appeal which too has been rejected vide the impugned order leading to the filing of the present writ petition.

3. During the course of hearing, Counsel for the petitioner today submits that petitioner is now ready to deposit the fees in accordance with the Rules governing the field, the writ petition may be disposed of accordingly.

4. Given the said facts, the petitioner is now ready to deposit the fees in accordance with the Rules, the present writ petition stands disposed of with a liberty to the petitioner to move afresh an application seeking information after depositing the requisite fees in terms of the Rules governing the field, the authorities concerned are in turn directed to consider his application suitably and take appropriate decision.

5. With the aforesaid observation, the present writ petition stands disposed of.

6.

Sd/- (P. Sam Koshy) Judge Jyotijha