Ashim Ghosh v. State Of West Bengal & ORS

96 (D/L) 10-02-2021 debajyoti WPA/4535/2020 Ashim Ghosh Vs.

The State of West Bengal & Ors.

Mr. Jaya Brata Ghose, Mrs. Tina Biswas ... For the Petitioner.

Mr. Robiul Islam ... For the State.

The grievance of the petitioner is that, upon the petitioner having approached the initial forum for information regarding a process of recruitment as Panchayat Karmee, such information was refused by the first forum, compelling the petitioner to approach the first appellate authority, which also upheld the order of refusal.

Learned counsel for the petitioner submits that the petitioner, thereafter, approached the second appellate authority provided under the Right to Information Act, 2005, being the State Information Commission, West Bengal.

Learned counsel for the petitioner fairly submits that, subsequently, the Commission passed an interim order on June 19, 2020 directing the SPIO concerned to provide a specific and query-wise information within three weeks from the date of receipt of

the interim order under intimation to the Commission for further consideration.

The initial grievance of the petitioner was that the State Information Commission has been taking inordinately long in disposing the petitioner's appeal.

However, the interim order passed by the Commission on June 19, 2020, a copy of which is handed over in Court today and kept on record, takes care of the grievance of the petitioner substantially.

Although the petitioner indicates certain further grievance against the information supplied by the SPIO pursuant to the interim order of the State Information Commission, such grievance can be ventilated before the State Commission itself, since the appeal has yet not been disposed of, as apparent from the order dated June 19, 2020 passed by the Commission. Moreover, any grievance in that regard is entirely beyond the scope of the present writ petition.

In any event, in view of the substantive interim order having been passed by the Commission, there does not appear to be any further necessity of direction upon the State Commission to expedite the second appeal.

Accordingly, WPA 4535 of 2020 is disposed of by granting the petitioner liberty to approach the State Information Commission

with further grievance, if any, regarding improper compliance of the order of the Commission.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

( Sabyasachi Bhattacharyya, J. )