Jagat Narayan Upadhyay v. State of Jharkhand, through its Chief Secretary, Government of Jharkhand, Ranchi
2021-07-22
RAJESH SHANKAR
body2021
DigiLaw.ai
ORDER : 1. This case is taken up through video conferencing. 2. The present writ petition has been filed for issuance of direction upon the State Government to appoint the Chief Information Commissioner as well as sufficient numbers of Information Commissioners in Jharkhand State Information Commission in pursuance of Advertisement No.01 of 2020 dated 3rd January, 2020 issued by the Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand. 3. Heard learned counsel for the parties and perused the contents of the writ petition. 4. The petitioner has stated in paragraph nos.3 and 4 of the present writ petition that he is an advocate, practicing in Civil Court, Pakur. He is public spirited person and social activist and has approached this Court making the aforesaid prayer, as the people of the State of Jharkhand are immensely effected due to non-functioning of Jharkhand State Information Commission owing to the fact that Chief Information Commissioner as well as sufficient numbers of Information Commissioners have not been appointed in the said Commission. 5. The petitioner has nowhere stated in the present writ petition that any appeal preferred by the petitioner under Section 19 of the Right to Information Act, 2005 is pending before the Jharkhand State Information Commission. Hence, this Court is of the view that the petitioner has no locus standi to maintain the present writ petition. 6. However, if the petitioner wants to pursue the present matter as public interest litigation, he is at liberty to do so. 7. The writ petition is, accordingly, dismissed as not maintainable with the aforesaid liberty. I.A. No.1976 of 2021 is also dismissed.