Laximikant Eknath Khilari v. Shri Bhupendra Gurav The Maharashtra State Information Commission Bench At Nashik

2025:BHC-AUG:2383-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

63 CONT. PETITION NO. 1039 OF 2024 Laximikant Eknath Khilari ....Petitioner

Versus

Shri Bhupendra Gurav The Maharashtra State Information Commission, Bench At Nashik .....Respondent .....

Shri. Ketan D. Pote, Advocate for the Petitioner Smt. Kalpalata Patil Bharaswadkar, AGP for Respondent / State. .....

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

Dated :

JANUARY 27, 2025 PER COURT :- .

This Contempt Petition is filed for non compliance of the Order dated 24.07.2024 in Writ Petition No.7548 of 2024, which reads as under :- "1.

The Petitioner has succeeded before the First Appellate Authority under the R.T.I. Act, by judgment dated 12.02.2024. He further submits that because documents was not supplied, an application has already been moved on 03.04.2024, before the State Information Commissioner, Nashik Division. 2.

In view of the above, this Writ Petition is disposed off. We expect the State Information Commissioner to deal with the pending proceedings of the Petitioner and also consider Section 20 of the R.T.I. Act, to deal with the delay in delivering the documents including penal action in the nature of imposition of the costs / penalty as is prescribed, as well as the disciplinary action by granting reasonable opportunity of hearing to the concerned Officer.

3.

Let the proceedings be concluded as expeditiously as possible, and preferably within 120 days."

2.

It is submitted by the learned Advocate for the Petitioner that it is specifically directed in the said order that Section 20 of the Right to Information Act be considered. However, the Respondent has not considered the said aspect while passing the order.

3.

It is submitted by the learned AGP appearing for the answering Respondent that after the order was communicated, the proceedings were taken up and appropriate order is passed within 120 days as stipulated by this Court. She submits that Affidavit-in-reply has been filed.

4.

It is clear that the concerned answering Respondent has passed order within the stipulated period, after receiving the order of this Court. Whether the order is appropriate and falls within the four corners of law can be decided by the appropriate forum, in the event the Petitioner chooses to challenge it before the appropriate forum.

5.

In view of the above, the Contempt Petition stands disposed of.

( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 29/01/2025 15:55:12