Prakash Ganpati Sonar v. The State Of Maharashtra And Others

wp2513.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 2513 OF 2016 Prakash s/o Ganpati Sonar .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. S.T. Veer, advocate for petitioner.

Mr. S.S. Dande, AGP for the State.

Mr. M.C. Swami, advocate for respondent no. 2. ===== CORAM : R.M. BORDE & K. L. WADANE, JJ.

DATE : 28th JUNE, 2016.

PER COURT :

1.

This petition can be disposed of by directing the State Information Commissioner to take decision on the application dated 06.07.2015 tendered by petitioner for taking action against the authorities as a result of their failure to submit the information as requested by petitioner and in terms of the order passed by the State Information Commissioner, expeditiously. 2.

Section 20 of the Act provides for imposition of penalty. Penalties are to be imposed not only during the pendency of the appeal but also in the event of noticing persistent failure of the authorities to abide by the order. Since there is persistent failure by the authorities to abide by the order, it would be open for the State Information Commissioner to deal with the application and pass appropriate orders. The order passed by the State Information Commission disposing of the application is set aside. The State

wp2513.16.doc Information Commission shall pass appropriate order in accordance with the provisions of law, as expeditiously as possible, preferably within a period of four weeks from today.

3.

With the directions as above, writ petition stands disposed of. ( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE dyb