Court No. - 32
Case :- WRIT - C No. - 6603 of 2018 Petitioner :- Rajendra Tyagi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avadh Pratap Singh Shishodia Counsel for Respondent :- C.S.C.
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Abhai Kumar,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.
The instant writ petition has been filed with the prayer to issue a writ of mandamus commanding the respondents to furnish the information to the petitioner under the Right to Information Act, 2005.
Learned counsel for the petitioner submitted that there is an institution known as Shri Satya Harishchandra, Higher Secondary School Chamrawal, District Baghpat, which is a recognized institution under the provisions of U.P. Intermediate Education Act, 1921 and U.P. High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971 are applicable in the institution.
The last election was held in the year 2017 for 3 years. The petitioner moved an application under the Right to Information Act, 2005 before the respondent no.2-District Magistrate, Baghpat. When the respondent no.2 did not furnish the information, then petitioner moved a first appeal under Section 19 (1) of the said Act, 2005. Thereafter, the second appeal was filed and the State Information Commission imposed the penalty of Rs.25,000/- upon the principal of the institution. The writ petition bearing no.16082 of 2017 before this Court was preferred challenging the order passed in the second appeal and that was set aside and writ petition was allowed with liberty to move a fresh application. Thereafter, fresh application was moved under the Right to Information Act, 2005, which is still pending and no information is being given so direction be issued.
In view of the above, no direction is required to be issued when requisite information is not being given, the petitioner will have liberty to pursue the remedy in accordance with law.
The writ petition is devoid of merit and the same is liable to be dismissed. It is, accordingly, dismissed.
Order Date :- 27.2.2018/Ajeet