Shikshak Sahakari Bank Limited Thr. Vijay S/O. Bhaulal Agrawal v. Union Of India Dept. Of Ele. And Info. Tech. Ministry Of Communication And It Thr. Secy. And ANR

1 WP5058-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5058/2021 (SHIKSHAK SAHAKARI BANK LIMITED, NAGPUR VERSUS UNION OF INDIA & ANOTHER) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri M.B. Limaye, counsel for the petitioner. Shri N.S. Deshpande, Deputy Solicitor General of India for the R-1. Shri S.S. Jachak, Assistant Government Pleader for the R-2. CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI , JJ.

D ATE : OCTOBER 17 , 202 2 .

The petitioner-Bank has filed a complaint under Section 43 of the Information Technology Act, 2000 before the respondent no.2-Adjudicating Officer. The grievance of the petitioner is that despite of such complaint having been filed in April-2019 the same has not yet been decided. Attention is invited to Rule 4(k) of the Information Technology (Qualification and Experience of the Adjudicating Officers and manner of Holding Enquiry) Rules, 2003 which require every application to be heard and decided in four months and the whole matter in six months.

Considering the fact that the complaint having been filed in April-2019 and a period of three years has since elapsed, it is directed that the respondent no.2 shall decide the aforesaid complaint within a period of three months from the date of communication of this order to the respondent no.2. With aforesaid direction, the writ petition is disposed of. No costs. (M.W. CHANDWANI, J.) (A. S. CHANDURKAR, J.) APTE byROHIT DATTATRAYA APTE