Hemantkumar Rambhau Bhagat v. The State Information Commission, Amravati Thr. Commissioner And ORS.
2025:BHC-NAG:1548-DB 19 WP-733-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.733 OF 2025 [Hemantkumar Rambhau Bhagat ..Vs.. The State Information Commission and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Mr P. L. Sagdeo, Advocate for Petitioner.
Mr N. S. Rao, AGP for Respondent/State.
CORAM
: ALOK ARADHE, CJ. AND A. S. CHANDURKAR, J.
DATE : 14 th FEBRUARY, 2025.
1.
Heard with the consent of learned counsel for the parties.
2.
In this writ petition, the petitioner, inter alia, seeks a direction to the respondent No.2 - Block Education Officer, Panchayat Samiti, Washim, to decide the appeal preferred by the petitioner under Right to Information Act, 2005 (hereinafter referred to as "the Act of 2005"). 3.
Facts giving rise to filing of this petition briefly stated are that the petitioner was appointed as Primary Teacher in Zilla Parishad, Washim on 01.11.2002. On 19.06.2024, the petitioner was transferred to Zilla Parishad Primary School, Kekatumra, Panchayat Samiti, Washim. The petitioner did not receive the salary for the month of August, 2023. Therefore, on 01.09.2023, he submitted representation to the Headmaster cum Public Information Officer highlighting the delay in release of his salary for the month of August, 2023. However, the representation submitted by the petitioner failed to evoke any response.
19 WP-733-2025 4.
Thereupon, on 16.09.2023, the petitioner filed an application seeking information under the Act of 2005. However, the aforesaid application also failed to evoke any response from the Authority. Thereafter, the petitioner filed an appeal on 19.10.2023 under Section 19(1) of the Act of 2005 before the Block Education Officer, Panchayat Samiti, Washim. The aforesaid appeal is still pending. In the aforesaid facts and background, this writ petition has been filed. 5.
Learned counsel for the petitioner submits that in view of the mandate contained in Section 19(1) of the Act of 2005, the Authority is required to decide the appeal within a time limit of 45 days.
6.
On the other hand, learned A.G.P. for respondent/State, submits that the appeal shall be decided within such time as may be prescribed by this Court. 7.
In view of the aforesaid submissions as well as taking into account the fact that the appeal preferred by the petitioner is pending since 19.10.2023, the writ petition is disposed of with a direction to Block Education Officer, Panchayat Samiti, Washim to decide the appeal within a period of two weeks from today.
8.
Accordingly, the writ petition is disposed of. (A. S. CHANDURKAR, J.) (CHIEF JUSTICE) Tambe