JHARKHAND PUBLIC SERVICE COMMISSION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this interlocutory application the petitioner has prayed for addition of the prayer seeking quashing of the show cause notice issued to the petitioner for non -compliance of the order dated 19.12.2007. It has been stated that the said notice has been issued when the petitioner had prayed for time to file writ petition against the said order. It has been stated that if the said prayer is not included in the writ petition, there will be multiplicity of proceedings between the same parties. It has been further stated that the amendment prayed for, does not in any way go to change the nature and character of the main writ petition as the relief sought to be added by way of addition is based on the same factual statements as made in the writ petition.

(2.) LEARNED Counsel appearing on behalf of the respondent No. 3 contested the application stating, inter alia, that the same has no concern with the writ petition and if the amendment prayed for is allowed, the same would change the nature and character of the main writ petition.

(3.) THE petitioner is aggrieved by the order dated 19.12.2007 (Annexure 8) passed by the State Information Commission whereby the learned Information Commissioner while disposing of the preliminary objection of the petitioner has directed it to furnish the required information to the respondent No. 3. The grievance of the petitioner is that after the preliminary objection, no opportunity was given to the petitioner for hearing on the merit of the case. It has been submitted that the Information Commissioner has not given any opportunity to the petitioner to explain as to under what circumstances the information sought for could not be furnished to the applicant -respondent No. 3, the said order passed without giving any opportunity of hearing to the petitioner, offends the principle of natural justice and the same is not sustainable.