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2021 DIGILAW 842 (MP)

RAKESH CHOURASIA v. STATE INFORMATION COMMISSION

2021-12-22

RAJENDRA KUMAR SRIVASTAVA, RAVI MALIMATH

body2021
ORDER (ORAL) RAVI MALIMATH, C. J. : – Aggrieved by the order passed by learned Single Judge in relegating the writ petitioner to file an appeal under section 19 of the Right to Information Act, 2005 the writ petitioner is in appeal. Aggrieved by the order passed by the respondent No. 1, an appeal was filed to the respondent No. 2 namely the Collector, Umariya. Aggrieved by his order second appeal was preferred to the State Information Commission. Aggrieved by the same, the writ petition No. 14500 of 2019 was filed. 2. Learned Deputy Advocate General submitted that an appeal is maintainable under section 19 of the Right to Information Act and hence recording his submission the petitioner was relegated. 3. Learned counsel appearing for the Commission submits that against the order in second appeal by the State Information Commission a writ petition is maintainable and not a further appeal under section 19 of Right to Information Act. 4. No further appeal is provided under section 19 of Right to Information Act against the order passed by the State Information Commission. Therefore, it would appear that the recording of the submission of the learned Deputy Advocate General may not be correct. 5. Consequently, the appeal is allowed, the order passed by learned Single Judge in W.P. No. 14500 of 2019 dated 24-7-2019 is set aside. The writ petition is restored to its file for adjudication on merits. It is held that writ petition against the order of State Information Commission is maintainable. 6. It is submitted that respondent No. 4 was not issued notice and the writ petition are disposed of at the stage of admission. Since no notice was issued to respondent No. 2 none of his legal rights stands affected. Hence, at request of petitioner’s counsel respondent No. 4 is deleted from this proceeding as none of his rights are affected.