LAWS(ALL)-2025-5-136

RAJJAN Vs. STATE INFORMATION COMMISSION U. P. LKO.

Decided On May 09, 2025
RAJJAN Appellant
V/S
State Information Commission U. P. Lko. Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri Shikhar Anand, learned counsel for State Information Commission i.e. respondent No.1 and learned Standing Counsel for the State.

(2.) The writ petition has come to be filed before this Court under Article 226 of the Constitution of India on the ground that the mechanism under the Right to Information Writ-C No.4465 of 2025 titled Rajjan vs. State Information Commission and another Page No.1 of 13 Act, 2005(hereinafter referred to as "Act, 2005") in its entirety has failed to furnish the petitioner with the information as was prayed for initially before the Information Officer, who failed to provide the same. The appeal arising therefrom was also not decided within the statutory period of time, as a result of which the second appeal came to be filed before the State Information Commissioner registered as Appeal No.S 5/ A/ 0460 of 2024, which has finally culminated in a penalty order and consigned to record.

(3.) On a plain reading of the appellate order passed by the State Information Commissioner on 24/2/2025, it is gathered that the Information Officer, who was issued notice and summoned for providing the information prayed for by the petitioner, did not cooperate with the proceedings. He repeatedly failed to appear on the dates which were fixed for appearance. Due to the default on the part of the Information Officer in cooperating with the appellate proceedings, the penalty clause appears to have been invoked, and the appellate proceeding seems to have been decided with the imposition of a sum of Rs.25,000.00 (Rupees twenty five thousand), besides recommending a Writ-C No.4465 of 2025 titled Rajjan vs. State Information Commission and another Page No.2 of 13 disciplinary action against the erring officer, i.e., the Information Officer.