DR. AQUIL AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Syed Fahim Ahmed, learned counsel for the petitioners.

(2.) This writ petition assails the orders dated 20th May, 2009 and 25th May, 2009 passed by the Regional Higher Education Officer, Bareilly Region, Bareilly and the District Inspector of Schools, Shahjahapur respectively whereby the salaries of the petitioners payable from the State Exchequer has been withheld on the ground that the petitioners have failed to provide requisite information in terms of The Right to Information Act, 2005.

(3.) The allegations, therefore, contained in the orders passed, are based on the alleged inaction of the petitioners in providing requisite information under the 2005 Act which has been challenged on the ground that the said Act does not authorize the said Authorities to impose such a condition which amounts to a penalty. The same being totally unauthorized under the 2005 Act, the impugned orders are also equally unsustainable as the payment of salary has to be made without any deductions as per the statutory provision of Section 60-B of The Uttar Pradesh State Universities Act, 1973. Learned counsel therefore, submits that the impugned orders being without authority and beyond the jurisdiction of the respondents no. 2 and 3 deserve to be set aside and additionally also because they have passed the orders without giving any notice or opportunity to the petitioners which are in violation of principles of natural justice.