Jamunabai Tukaram Kadam v. The Public Information And Registrar Pravara Institute Of Medical Sciences And Another

2024:BHC-AUG:12024-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 WRIT PETITION NO. 6012 OF 2024 SOPAN HOUSHIRAM SAPTE THE PUBLIC INFORMATION OFFICER AND REGISTRAR PRAVARA INSTITUTE OF MEDICAL SCIENCES AND ANOTHER ...

AND 954 WRIT PETITION NO. 6165 OF 2024 RAJENDRA PUNDALIK SHIRSAGAR THE PUBLIC INFORMATION OFFICER AND REGISTRAR AND ANOTHER WRIT PETITION NO. 6174 OF 2024 SHEIKH SHARIF MUHAMMAD THE PUBLIC INFORMATION OFFICER AND REGISTRAR AND ANOTHER WRIT PETITION NO. 6178 OF 2024 PRAKASH ABBASAHEB AAHER THE PUBLIC INFORMATION OFFICER AND REGISTRAR AND ANOTHER WRIT PETITION NO. 6180 OF 2024 KESHAV SITARAM GHOLAP THE PUBLIC INFORMATION OFFICER AND REGISTRAR AND ANOTHER WRIT PETITION NO. 6179 OF 2024 BHASKAR SUKHDEV JEJURKAR THE PUBLIC INFORMATION OFFICER AND REGISTRAR

AND ANOTHER WRIT PETITION NO. 6167 OF 2024 RAMDAS RUKHMAJI PAWDE THE PUBLIC INFORMATION OFFICER AND REGISTRAR AND ANOTHER WRIT PETITION NO. 6168 OF 2024 RAJENDRA MARUTI BIDAVE THE PUBLIC INFORMATION OFFICER AND REGISTRAR AND ANOTHER WRIT PETITION NO. 6176 OF 2024 ANNASAHEB NANA NAVALE THE PUBLIC INFORMATION OFFICER AND REGISTRAR AND ANOTHER WRIT PETITION NO. 6173 OF 2024 KHEMNAR BHASKAR BHIKAJI THE PUBLIC INFORMATION OFFICER AND REGISTRAR AND ANOTHER WRIT PETITION NO. 6175 OF 2024 SHEIKH SADIQ NURMUHAMMAD THE PUBLIC INFORMATION OFFICER AND REGISTRAR AND ANOTHER WRIT PETITION NO. 6177 OF 2024 NAMDEO NIVRUTTI PAWAR THE PUBLIC INFORMATION OFFICER AND REGISTRAR AND ANOTHER

WRIT PETITION NO. 6166 OF 2024 BHARATE VAIJYANTA KISHORE THE PUBLIC INFORMATION OFFICER AND REGISTRAR PRAVARA INSTITUTE OF MEDICAL SCIENCES AND ANOTHER WRIT PETITION NO. 6170 OF 2024 PATEL ABBASALI AJGARALI THE PUBLIC INFORMATION OFFICER AND REGISTRAR PRAVARA INSTITUTE OF MEDICAL SCIENCES AND ANOTHER WRIT PETITION NO. 6172 OF 2024 JAMUNABAI TUKARAM KADAM THE PUBLIC INFORMATION AND REGISTRAR PRAVARA INSTITUTE OF MEDICAL SCIENCES AND ANOTHER WRIT PETITION NO. 6171 OF 2024 GANPAT DEVRAM PAARDHE THE PUBLIC INFORMATION AND REGISTRAR PRAVARA INSTITUTE OF MEDICAL SCIENCES AND ANOTHER WRIT PETITION NO. 6169 OF 2024 PATEL PIRMUHAMMAD KAYMU THE PUBLIC INFORMATION AND REGISTRAR PRAVARA INSTITUTE OF MEDICAL SCIENCES AND ANOTHER ...

Ms. Vishakha Patil i/by Talekar And Associates, Advocate for the Petitioners Mr. V. M. Kagne, AGP for Respondents State

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 25th June, 2024

ORDER:

1.

In all these matters, the Petitioners have reached the State Information Commissioner with the grievance of non-supplying of documents that were sought under the Right to Information Act. 2.

On 05.04.2022, the State Information Commissioner passed an order on various individual applications filed by these Petitioners under section 19(3) of the Right to Information Act. Thereafter, these Petitioners have tendered applications, dated 21.09.2022 praying for action under section 19(a) as well as Section 20 of the Right to Information Act. By order dated 03.08.2023, the State Information Commissioner at Nashik, merely observed that the Management of Pravara Institute of Medical Science, Loni should comply with the directions and supply copies of the documents to these Petitioners. 3.

We find that the State Information Commissioner is yet to initiate action under Section 20 of the Act. The Petitioners have liberty to move applications under section 20(1) for bringing it to the notice of the State Information Commissioner that the order passed by the said authority has not been implemented and the order imposing penalty after hearing individual applicants/respondents, needs to be passed. 4.

In view of the above, these Writ Petitions are disposed off with liberty to the Petitioners to file independent applications to the State

Information Commissioner under Section 20 of the Right to Information Act and bring the purported non compliance of it's order by the Management, to the notice of the said authority. 5.

Needless to state, the said authority will have to deal with the matter by following the due procedure laid down in law and after affording reasonable opportunity of hearing to all the parties, pass an order under section 20 thereby imposing penalty, if the State Information Commissioner comes to the conclusion that it's orders have not been complied with. Let such exercise be completed within 120 days.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan