Ajith G v. Central Information Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.27064 of 2021 Ajith, G.

... Petitioner vs.

1.

The Central Information Commission, Central Information Commission, CIC Bhawan, Babu Gangnath Marg, Munirka, New Delhi - 110 067.

2.

The First Appellate Authority-cumJoint Registrar (Academics & Conference, Establishment II), North-Eastern Hill University, Umshing Mawkynroh, Shillong - 793 022.

3.

The Central Public Information-cumAssistant Registrar, Establishment II, North-Eastern Hill University, Umshing Mawkynroh, Shillong - 793 022.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the 1st Respondent to dispose of the Second Appeal No.CIC/NEHUV/A/2021/605831, dated 19.02.2021 and CIC/NEHUV/A/2021/605832, dated 19.02.2021 filed by the Petitioner.

For Petitioner :

Ms.S.Harinyi For Respondents :

Mr.Babu

O R D E R

Petitioner has come up with the present Writ Petition seeking a direction to the 1st Respondent to dispose of Second Appeal Nos.CIC/NEHUV/A/2021/605831, dated 19.02.2021 and

CIC/NEHUV/A/2021/605832, dated 19.02.2021, filed by him. 2.

According to the Petitioner, he is a native of Coimbatore and is presently working in the Ministry of Electronics and Information Technology and stationed at Madikeri, Kodagu. He submitted two Applications dated 03.04.2020 and 22.04.2020 under the Right to Information Act, 2005 through online and paid necessary fees. Since there was no reply from the 3rd Respondent, he sent an e-mail to reply to his RTI Applications. He received an e-mail dated 17.09.2020 from the 3rd Respondent stating that, the concerned Department needs further time to locate the records. In spite of considerable time, as no reply was forthcoming from the 3rd Respondent, the Petitioner submitted First Appeals dated 28.12.2020 to the 2nd Respondent through online. As no orders were passed on the same, the Petitioner filed Second Appeals dated 19.02.2021 to the 1st Respondent through online. As there was no reply to the same, having no other alternative, the Petitioner is before this Court. 3.

Learned counsel for the Petitioner submitted that, a direction may be issued to the 1st Respondent herein to dispose of the Petitioner's Second Appeals dated 19.02.2021, in accordance with law, within a stipulated time. 4.

Learned counsel appearing for the Respondents submitted that, the Second Appeals filed by the Petitioner will be disposed of based on the seniority maintained by the 1st Respondent.

5.

Considering the facts and circumstances of the case and without going into its merits, this Court directs the 1st Respondent herein to consider the Petitioner's Second Appeals dated 19.02.2021 under RTI Act and in accordance with law and as per seniority and pass appropriate orders, after giving an opportunity of hearing to the Petitioner, as expeditiously as possible.

The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar

(aeb) To:

1.The Central Information Commission, Central Information Commission, CIC Bhawan, Babu Gangnath Marg, Munirka, New Delhi - 110 067.

2.The First Appellate Authority-cumJoint Registrar (Academics & Conference, Establishment II), North-Eastern Hill University, Umshing Mawkynroh, Shillong - 793 022.

3.The Central Public Information-cumAssistant Registrar, Establishment II, North-Eastern Hill University, Umshing Mawkynroh, Shillong - 793 022.

+1cc to M/s.S.Harinyi, Advocate SR.No.68093 +1cc to Mr.Venkataswamy Babu, Advocate SR.No.68582 W.P.No.27064 of 2021 RK(CO) CB(03/01/2022)