First Appellate Authority Under R.T.I. Act And Principal, Shantaram Potdukhe College Of Law v. State Information Commissioner, Nagpur Bench, Nagpur

2025:BHC-NAG:10849 wp2699.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2699 OF 2020 First Appellate Authority under R.T.I. Act & Principal, Shantaram Potdukhe College of Law, Tadoba Road, Tukum, Chandrapur, Dist. Chandrapur-442401. ..PETITIONER (Ori. Respondent) ...V E R S U S...

1. State Information Commissioner, Nagpur Bench, Nagpur, Administrative Building No.2, First Floor, Commissioner Office Compound, Civil Lines, Nagpur-440001.

(present respondent no.1)

2. Devendra S/o Murari Pise Aged 50 years, Occ: Service Near Dhanshree Hospital, Jiwani Layout, Shesh Nagar, Bhrambapuri, Dist. Chandrapur.

(Orig. Applicant) ...RESPONDENTS ------------------------------------------------------------------------------------------- Shri Purushottam Patil, Advocate for petitioner. Ms D.V. Sapkal, AGP for respondent no.1.

Shri Pritesh Atkar, Advocate holding for Shri Neeraj Karade, Advocate for respondent no.2.

------------------------------------------------------------------------------------------- CORAM:- M.W. CHANDWANI, J.

DATED :- 10.10.2025 ORAL JUDGMENT:

1.

Rule. Rule made returnable forthwith. Heard finally at the admission stage with the consent of learned counsels for the respective parties.

2.

The order dated 04.09.2020 passed by respondent no.1

wp2699.20.odt - State Information Commissioner, Nagpur Bench in Appeal No.1405/2019 recommending to initiate disciplinary proceedings against the petitioner as the first appellate authority under Right to Information Act is challenged on the premise that no such order can be passed against the first appellate authority. 3.

Reliance has been placed on the decision of this Court in Sunil Dajiba Ballal Vs. State Information Commission, Maharashtra State Amravati through its Commissioner and another 1 wherein, the writ petition came to be allowed on the similar ground.

4.

The learned counsel for respondent no.2 fairly concedes that the petition is covered by the judgment referred above. 5.

In wake of the submissions made hereinabove and the decision of Sunil (supra), the writ petition is allowed. Consequently, the impugned order dated 04.09.2020 passed by respondent no.1 is hereby quashed and set aside. Rule is made absolute in above terms.

JUDGE Wagh Writ Petition No.2980/2021, Dt.14.02.2024 (Nagpur Bench)