Court No. - 4
Case :- WRIT - C No. - 56517 of 2017 Petitioner :- Atal Bihari Kesarwani Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Neeraj Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioner, Sri Kunal Ravi Singh, learned counsel appearing for the Commission-respondent no.1 and the learned Standing Counsel appearing for the State- respondents.
By means of this writ petition the petitioner has come up to this Court challenging the order of the Commission under Right to Information Act, 2005 rejecting the second appeal filed by the petitioner under Section 19(3) of the Act. The appeal has been rejected on the ground that on the date fixed the petitioner did not appear.
Sri Kunal Ravi Singh, learned counsel appearing for the Commission submits that under Rule 12(1) of the Uttar Pradesh Right to Information Rules, 2015 (in short the Rules) there is a provision for recalling such an order.
Rule 12(1) provides that the Commission on an application submitted by any party aggrieved an an order of the Commission may recall its order on the ground of any of the following procedural defects: (i) The order was passed by the Commission without hearing the applicant for no fault of his.
That being the provision, it would be appropriate that the petitioner may move an application under the aforesaid Rules before the Commission, which shall consider the same and pass appropriate order in accordance with law.
With the aforesaid direction/observation, the writ petition stands finally disposed of.
Order Date :- 28.11.2017 SKM (Abhinava Upadhya,J.)