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Calcutta High CourtWPA/27243/2022disposed

Chhalauddin Molla v. State Of West Bengal And ORS.

2022-12-19Hon'Ble Justice Shampa Sarkar2 pages

S/L 9 19.12.2022 Court. No. 19 GB W.P.A. 27243 of 2022 Chhalauddin Molla VS The State of West Bengal & Ors.

Mr. Gazi Faruque Hossain, Ms. Priyanka Mandal, Mrs. Chandra Paul.

... for the Petitioner.

Mr. Pankaj Halder, Mr. Sanatan Panja, Mr. Tapas Manna.

... for the Respondent No.7.

Affidavit-of-service filed in Court today, be kept with the record.

The petitioner submits that the Executive Assistant of Sahajadapur gram panchayat did not reply to the query made by the petitioner under the Right to Information Act. According to the petitioner, such information related to treating the petitioner as a worker in certain schemes and inclusion of the name of the petitioner in the muster roll, although the petitioner was not a beneficiary of the jobs under the MGNREGA.

The allegation is that the job card bearing no.WB-12016-010-005-312 had been wrongly referred against various works which were not executed by the petitioner. The petitioner approached all the authorities for information, but the same were not provided.

The learned advocate for the panchayat authority submits that the present pradhan was not in-charge of the

period when such irregularity took place and as such the information was not provided.

The issue is not whether the present Pradhan was incharge at the relevant point of time or not. The law has cast a duty upon the authority to provide information and documents related to such information, to citizens. The safeguards have also been provided by law.

Thus, the writ petition is disposed of with a direction upon the Executive Assistant, Sahajadapur gram panchayat to provide the available information, strictly in accordance with law, within a period of two months from the date of communication of this order. The exceptions to supply of information as per law, shall be applicable.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)