M. Srinivas v. The Telangana State Information Commission

THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.47056 OF 2018

O R D E R

The prayer of the petitioner in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue Writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not furnishing the information sought by the Petitioner dated 13-22017 even after lapse of 20 months and not finalizing the proceedings before the 1st Respondent as illegal arbitrary and violation of Article 14 of the Constitution of India including Right to Information Act, 2005 and consequently direct the Respondents to furnish the complete information sought by the Petitioner on 13-22017 by also taking appropriate action against the Respondents for not furnishing the information within time and pass such other order or orders may deem fit and proper in the circumstances of the case.'

Perusal of the record demonstrates that the Telangana State Information Commission entertained the petitioner's appeal under Section 19(3) of the Right to Information Act, 2005, numbered it as Appeal No.15440/CIC(Peshi-II)/2017 and ordered notice to the respondents therein as long back as on 25.09.2018.

Learned Government Pleader for Medical, Health and Family Welfare, State of Telangana, appearing for the authorities, would inform this Court that the said appeal is yet to be disposed of. It is not open to a Statutory Body, which is entrusted with the quasi-judicial function of entertaining such an appeal, to sleep over the matter indefinitely.

The writ petition is accordingly disposed of directing the Telangana State Information Commission to consider the petitioner's Appeal No.15440/CIC(Peshi-II)/2017 on its merits and in accordance with law and to dispose of the same expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order, if not already disposed of.

Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

_______________ SANJAY KUMAR, J 30th JANUARY, 2019 Svv