Bhaskar Sarkar v. Union Of India And ORS.

30.01.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 28418 of 2022 Bhaskar Sarkar Vs.

Union of India & Ors.

Mr. Pinaki Ranjan Chakraborty, Mr. Amal Kumar Banerjee ... for the petitioner

1. The grievance of the petitioner is that the First Appellate Authority under the Right to Information Act, 2005 has kept the petitioner's challenge pending indefinitely.

2. It also transpires from Annexure P-6 of the writ petition that the said challenge was preferred before the First Appellate Authority, that is, the added respondent no. 12, as long back as on August 29, 2022.

3. Although the First Appellate Authority may be hard-pressed for time, the same is not sufficient justification to keep the matter pending for more than one and a half years.

4. Keeping in view such factual circumstances, W.P.A. No. 28418 of 2022 is disposed of by directing the respondent no. 12 to dispose of the petitioner's pending appeal before the said

authority within three months from the date of communication of this order to the respondent no. 12 positively.

5. This direction be treated to be peremptory for the purpose of compliance.

6. There will be no order as to costs.

7. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)