Court No. - 6
Case :- WRIT - C No. - 31102 of 2019 Petitioner :- Kaif Siddiqui Respondent :- U.P State Information Commission Rti Building And 3 Others Counsel for Petitioner :- Sanjeev Kumar Pandey Counsel for Respondent :- C.S.C.,Kunal Ravi Singh
Hon'ble Yashwant Varma,J.
This petition impugns an order dated 20 April 2018 and consequential proceedings for recovery initiated pursuant thereto. The order of 20 April 2018 imposes a penalty of Rs.25,000/- upon the petitioner for having failed to furnish information within the time stipulated under the Right to Information Act, 2005. The Court notes that the Information Commissioner has recorded that the petitioner had failed to provide the requisite information and also did not respond to the notice of the Commission dated 26 February 2018. Even before the filing of the present writ petition, no application for recall is stated to have been made. If it be the case of the petitioner that the order has been passed ex parte and without hearing him, it is always open to him to seek recall of the order passed by the Commissioner.
The Court only provides that in case such an application is made within a period of two weeks from today, the same shall be duly considered by the Information Commissioner and disposed of in accordance with law and within a period of two months therefrom. The Information Commissioner is further requested to ensure that the proceedings for recovery are kept in abeyance till such time as the application for recall is disposed of.
Petition stands disposed of accordingly.
Order Date :- 27.9.2019/Arun K. Singh (Yashwant Varma, J.)