BACHUBHAI LAXMICHANDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed seeking a writ in the nature of certiorari or any appropriate writ, order or direction for quashing and setting aside the order dtd. 15/11/2017 passed by the Gujarat State Public Information Commission in Appeal No.A-0006-2017 and further a direction is sought to take appropriate action under the provision of Sec. 20 of the Right to Information Act , 2005 (for short "the RTI Act ").

(2.) It is the case of the petitioner that he sought certain information vide application dtd. 20/8/2016. Since no information was supplied, he made a request on 18/10/2016 by way of a representation before the District Development Officer. It was pointed out that though the information is sought for by the petitioner, the same is not supplied to him by the Deputy Development Officer. Thereafter, the petitioner approached the Gujarat State Information Commission, Gandhinagar by filing an appeal on 16/12/2016. The appeal of the petitioner was allowed vide order dtd. 3/1/2017 that as per the provision of Sec. 19(6) of the RTI Act, no decision has been taken to provide information to the petitioner and hence, the same may be done within a period of 30 days and it was also expressed that since the information has not been supplied within a period of 30 days, reason of such non-supplying of the information may also be informed. Since no action was taken, the petitioner again approached the Chief Information Commissioner pointing out that despite the order, no information has been supplied. The said appeal has been disposed of by the order dtd. 15/11/2017 on the ground that the petitioner has already been supplied the information on 16/9/2017.

(3.) Learned advocate Mr.Darji appearing for the petitioner has submitted that the impugned order is required to be quashed since the same is passed, without appreciating the record of the case. It is submitted that no action has been taken against the erring officer, who did not supply the information, which constrained the petitioner to again approach the Gujarat State Information Commission by filing the said appeal. It is thus, submitted that the respondent No.2 may be directed to initiate the proceedings under Sec. 20 of the RTI Act against the erring officer.