Bhaskar Sarkar v. Sri Sitesh Verma

D/L.20.

September 27, 2024.

MNS.

CPAN 1266 of 2024 in WPA No. 28418 of 2022 Bhaskar Sarkar Vs.

Sri Sitesh Verma Mr. Amal Kumar Banerjee ... for the petitioner.

1. The present contempt application has been filed alleging that the alleged contemnor has willfully and deliberately violated the order of this Court dated January 30, 2024, whereby the respondent no. 12/alleged contemnor was directed to dispose of the petitioner's pending first appeal within three months from the date of communication of the order.

2. The appeal, it may be noted, was preferred under the Right to Information Act, 2005, being aggrieved by nonfurnishing of certain information sought by the petitioner by the first authority.

3. It is seen from Annexure- P/1 to the contempt application that by an order dated March 6, 2024, the First Appellate Authority comprehensively dealt with all queries of the petitioner

and decided the outcome of the same on merits.

4. If the petitioner has any grievance against the said order on merits, it is always open to the petitioner to prefer an appropriate challenge in accordance with law. However, I do not find any violation of the order of this Court to justify issuance of a Rule of contempt.

5. Accordingly, CPAN 1266 of 2024 is dismissed.

6. It is made clear that nothing in this order shall prevent the petitioner from taking out a second appeal against the decision of the First Appellate Authority in the event the petitioner is aggrieved against the same, subject to and in accordance with law.

7. There will be no order as to costs.

(Sabyasachi Bhattacharyya, J.)