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High Court of Jharkhand · body

2014 DAILYLAW 1306 (JHR)

JHARKHAND PUBLIC SERVICE COMMISSION THROUGH ITS PUBLIC INFORMATION OFFICER VIJAY KUMAR v. STATE INFORMATION COMMISSION

WPC/812/2014 · 2026-07-14

Sanjay Kumar Dwivedi

Writ Petition (Civil)body2014

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 W.P.(C) No. 812 of 2014 [2026:JHHC:20879] IN THE HIGH COURT OF JHARKHAND, RANCHI W.P.(C) No.812 of 2014 ---- Jharkhand Public Service Commission, Circular Road, PO and PS Lalpur, District Ranchi, through its Public Information Officer Vijay Kumar son of Sri Anand Rajak, Circular Road, PO and PS Lalpur, District Ranchi .... Petitioner -- Versus -- 1.The State of Jharkhand 2.The State Information Commission, through its Secretary, Engineering Hostel, Sector-3, PO Dhurwa, PS Hatia, District Ranchi 3.Under Secretary, State Information Commission, Engineering Hostel, Sector 3, PO Dhurwa, PS Hatia, District Ranchi 4.Sri Dhaneshwar Prasad son of not known, Lecturer, Department of Economics, A.N.College, Dumka, PO, PS and District Dumka .... Respondents ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner[JPSC]:- Mr. Abhay Prakash, Advocate Ms Astha Tripathi, Advocate Mr. Namashya Kejriwal, Advocate Mr. Durgesh Agarwal, Advocate For the State :- Mr. Mithilesh Singh, Advocate For the Respondent No.4:- Mr. Prabhash Kumar, Advocate ---- 11/14.07.2026 Mr. Prabhash Kumar, the learned counsel appearing on 2 W.P.(C) No. 812 of 2014 behalf of the respondent no.4 in the present writ petition submits that respondent no.4 has challenged the order in question before this Court in W.P.(C) No.2176 of 2011 which was dismissed by Coordinate Bench of this Court by order dates 01.09.2015 and thereafter respondent no.4 has preferred L.P.A No.650 of 2015 and during pendency of the said L.P.A, respondent no.4 has left for his heavenly abode. He next submits that an opportunity was provided to him to bring on record the legal heirs /successors of L.P.A, who is respondent no.4 in the present writ petition, however, the legal heirs/successors have not come forward and in view of that, the LPA was not pressed by him. He next submits that identical is the situation in the present writ petition. 2. In view of his such submission, in absence of legal heirs/ successors of respondent no.4, this writ petition is being decided. 3. This writ petition has been filed under Article 226 of the Constitution of India for quashing of the order dated 30.11.2013 passed in Appeal No.1839 of 2011 by the learned State Information Commissioner, Jharkhand State Information Commission, Ranchi as contained in Annexure-13 whereby the learned State Information Commission has directed Jharkhand Public Service Commission to take appropriate action in accordance with law regarding the matter of making confirmation of appointment of respondent no.4, i.e. the appellant before the learned State Information Commission and to intimate the information to the respondent no.4 regarding the same 3 W.P.(C) No. 812 of 2014 within next six weeks. 4. Learned counsel appearing on behalf of the petitioner submits that A.N. College, Dumka, is an affiliated College under Sidho Kanho Murmu University. Mr. Dhaneshwar Prasad was appointed Lecturer in the department of economics by the governing body of the said College and presently working as Lecturer in said College. He next submits that Jharkhand Public Service Commission in pursuance to the requisition of the governing body of the said College has granted provisional concurrence for the appointment of the respondent no.4 vide Memo No.1008 dated 10.9.2010 with a request for sending the requisition before the Jharkhand Public Service Commission so that the process for regular appointment of the Lecturer may be started and it was also mentioned that at the time of regular appointment said temporary concurrence will not be treated as claim for such appointment. He further submits that on this background, temporary concurrence was provided, however, the State Information Commission has directed the JPSC and the concerned College with regard to the question of making confirmation of respondent no.4 as Lecturer of that College, and the JPSC was directed to take appropriate action in accordance with law regarding the matter of making confirmation for appointment of respondent no.4 and disseminate the information to the respondent no.4 regarding the same within six weeks. He next submits that under the Right to Information Act, the 4 W.P.(C) No. 812 of 2014 role of the Commission is only to adjudicate about the information sought within the meaning of the said Act and that power is not there to the State Information Commission and he submits that the said order is without jurisdiction. 5. Under the Act, the State Information Commission can only act within the parameters of the said Act which is meant for providing information to the persons who have sought the said information. However, by the impugned order, the direction has been issued by the learned Information Commission to confirm the appointment of the respondent no.4 and communicate the same and that is not within the jurisdiction of the said Commission, and as such, the order dated 30.11.2013 passed in Appeal No.1839/ 2011 by the learned State Information Commissioner of Jharkhand State Information Commissioner, is, hereby, quashed. 6. This petition is, accordingly, allowed, and disposed of. ( Sanjay Kumar Dwivedi, J.) 14.07.2026 SI/