Chief Justice's Court Case :- WRIT - C No. - 1927 of 2019 Petitioner :- Nanhu Prasad Pal Respondent :- Public Information Officer And 4 Others Counsel for Petitioner :- Vijay Kumar Mishra Counsel for Respondent :- C.S.C.,Kunal Ravi Singh Hon'ble Govind Mathur,Chief Justice Hon'ble Chandra Dhari Singh,J.
Against an order passed by the Public Information Officer the petitioner preferred an appeal as per Section 19 of Right to Information Act, 2005. The appeal aforesaid has not been decided by the Appellate Authority within the period prescribed, thus, this petition for writ is preferred.
As per Sub-section (3) of Section 19 of the Act of 2005 in such an eventuality the petitioner may file a second appeal before the State Information Commissioner (respondent no. 3). No such appeal has been filed by the petitioner before the State Information Commissioner.
We do not find any just reason to entertain this petition for writ by ignoring the statutory remedy provided under Sub-section (3) of Section 19 of the Act of 2005. Writ petition, hence, is dismissed. Petitioner is at liberty to avail the remedy under Sub- section (3) of Section 19 of the Act of 2005.
Order Date :- 22.1.2019
Shekhar [Chandra Dhari Singh, J.] [Govind Mathur, C.J.]