R.Govindasamy v. The Secretary,
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 12.08.2021
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.10266 of 2020 R.Govindasamy ... Petitioner Vs
1. The Secretary, Central Information Commission, CIC Bhawan, Baba Gangnath Marg, 2nd Floor, Munirka, New Delhi - 110067.
2. First Appellate Authority cum Commissioner (HRI), Department of Hindu Religious Institutions and Wakf, 3rd Floor, Collectorate Complex, Pettaiyan Chathiram, Puducherry - 605 009.
3. The Special Officer cum Public Information Officer, Sri Varasithi Vinayagar Devasthanam, Thengaithittu, Puducherry - 605 004.
... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to pass orders on the Second Appeal dated 23.08.2019 preferred by the petitioner under the Section 19(3) of the Right to Information Act.
For Petitioner : Mr.G.Pugazhenthi For R1 : Mr.Venkataswamy Babu, SPC For R2 & 3 : Mrs.V.Usha, AGP (Pondicherry)
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
2. The information sought for by the petitioner under the Right to Information Act is now said to be pending before the Central Information Commission by way of a second appeal.
3. The learned counsel for the petitioner, by referring to the averments made in the affidavit, submitted that the second appeal was originally returned by the first respondent and thereafter, he had resubmitted it on 15.11.2019, which was also taken on file vide Diary No.154624/2019. The Central Information Commission also ratifies this submission through the memo filed by them on 07.09.2020, wherein it is stated that the second appeal of the petitioner shall be taken up and decided as expeditiously as possible, in accordance with the seniority of the other pending matter.
4. Since the second appeal was filed way back on 23.08.2019 and the appeal has been kept pending for almost 2 years, it would be appropriate to direct the first respondent to expedite the proceedings and complete the same, within a stipulated time.
5. In the light of the above observation, there shall be a direction to the first respondent to pass orders on the Second Appeal dated 23.08.2019 preferred by the petitioner under the Section 19(3) of the Right to Information Act, as expeditiously as possible.
6. Accordingly, the writ petition stands allowed. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar hvk To
1. The Secretary, Central Information Commission, CIC Bhawan, Baba Gangnath Marg, 2nd Floor, Munirka, New Delhi - 110067.
2. First Appellate Authority cum Commissioner (HRI), Department of Hindu Religious Institutions and Wakf, 3rd Floor, Collectorate Complex, Pettaiyan Chathiram, Puducherry - 605 009.
3. The Special Officer cum Public Information Officer, Sri Varasithi Vinayagar Devasthanam, Thengaithittu, Puducherry - 605 004.
+1cc to Mr.Pugazhenthi, Advocate Sr No.40449 +1cc to Mr.Venkataswamy Babu, Advocate Sr.No.40266 W.P.No.10266 of 2020 PCH (CO) PR (06/09/2021)