Govind Nilkanth Joshi v. The State Of Mahrashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12247 OF 2019 Govind s/o Nilkanth Joshi Petitioner

Versus

The State of Maharashtra & others Respondents Mr. A.M. Nagarkar, Advocate for the petitioner. Mr. S.P. Tiwari, AGP for respondent no. 1.

CORAM : S.V.GANGAPURWALA & ANIL S. KILOR, JJ.

DATE : 07th October, 2019.

PER COURT :

1.

According to petitioner, action be taken against respondents No. 3 and 4 for not giving information as is required under Right to Information Act, 2005. If the information sought for is not available, the authority is required to give reasons for the same. 2.

Petitioner was seeking information about the appointment order of one Mr. P.N. Bahure. It has been observed in the order of the second appellate authority that said Mr. Bahure is on deputation. As such, his appointment order is not with the said office. The Information Officer replied to the petitioner that there is no such information available about the appointment letter of Mr. Bahure. When the application was made, the Information Officer could have replied that the said person i.e. Mr. Bahure is on deputation. However, the same was not done.

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Naturally, when Mr. Bahure was on deputation, the information about his appointment letter would not be with the said office.

4.

It is trite that the Information Officers are required to abide by the Statute and the rules framed thereunder. 5.

It has now been communicated to the petitioner in view of order of the second appellate authority that said Mr. Bahure is on deputation as such, appointment order is not with the said office. 6.

In the light of above, writ petition is disposed of. No costs. (ANIL S. KILOR) (S.V.GANGAPURWALA) JUDGE JUDGE dyb/