Shivaji Murlidhar Jadhav v. The State Of Maharashtra Through The Secretary And Others

7099.22wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 WRIT PETITION NO.7099 OF 2022 SHIVAJI MURLIDHAR JADHAV

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE SECRETARY AND OTHERS ....

Mr S. N. Rodge, Advocate for petitioner;

Mr S. K. Tambe, A.G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND ANIL L. PANSARE, JJ.

DATE : 12th July, 2022 PER COURT:

1.

The petitioner has put forth prayer clause (B), which reads as under :- "B] May kindly be directed to respondent no. 2 to 4 to furnish information from the date of 10/09/1997 to 30/04/1999 from municipal council in respect of salary slip and attendance muster demanded by the petitioner in the interest of Justice."

2.

The learned Advocate for the petitioner submits, that he wants to have a look at his own salary slip and his attendance register for the period 10/09/1997 to 30/04/1999. He then submits that, when the petitioner has been dismissed from service by the Municipal Council, he approached the Labour Court. His

7099.22wp (2) Complaint (ULP) has been dismissed. He then approached the Industrial Court by filing a revision petition. The said revision is also dismissed. He preferred a writ petition before the learned Single Judge Bench of this Court and the same has also been dismissed.

3.

Considering the above, he submits that he had approached under the Right to Information Act, 2005 and the State Information Commissioner, Aurangabad, allowed the appeal and directed the authorities to furnish certain documents, which he had claimed. On these premises, he prays that this Court should direct the State Information Commissioner to get his order executed.

4.

We are of the view, that the writ of mandamus cannot be issued for seeking execution of the order, passed by the State Information Commissioner. The petitioner has a remedy under Section 20 of the Right to Information Act, 2005. 5.

In view of the above, this petition is dismissed. (ANIL L. PANSARE, J.) (RAVINDRA V. GHUGE, J.) sjk