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2025 DAILYLAW 115251 (ALL)

ASHOK KUMAR SHUKLA v. U.P. STATE INFORMATION COMMISSION THRU. ITS STATE CHIEF INFORMATION COMMISSIONER AND ANOTHER

WRIC/337/2025 · 2025-02-06

Om Prakash Shukla, Rajan Roy

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7877-DB Court No. - 2 Case :- WRIT - C No. - 337 of 2025 Petitioner :- Ashok Kumar Shukla Respondent :- U.P. State Information Commission Thru. Its State Chief Information Commissioner And Another Counsel for Petitioner :- Gulam Ali Rashidi,Uday Pratap Singh Counsel for Respondent :- Shikhar Anand Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. The petitioner is an advocate and has raised certain grievances regarding filing of online application and appeals under the Right to Information Act, 2005 before the Information Commissioner, Lucknow. 3. After arguing the matter at some length, the Counsel for the Information Commission submitted that if the appeals are submitted before the Registrar of the Information Commission, he will ensure uploading of the said appeals and processing of the same as per the law. 4. The process of filing appeals in the Information Commission by online mode has been upheld by a Division Bench of this Court vide order dated 10.09.2024 passed in Public Interest Litigation (PIL) No.1758 of 2024 wherein the Division Bench has considered the same in paragraph No.8, which is reproduced hereinunder:- "8. Perusal of the above would reveal that the State Information Commissioners have been directed to ensure that e-filing of the complaints and appeals are provided in streamlined manner to every litigant. Once the respondents have provided for a platform for filing complaints through e-platform, the passing of the order impugned cannot be faulted. The very fact that the provision has been made that those below poverty line, illiterate and who are not able to file the same for any reason through electronic mode, they can make an application in this regard and the same, if found appropriate, would be considered offline, the same takes care of the cases where those unable to use the e-platform, have been provided facility in this regard, and therefore, it cannot be said that the order impugned imposes a complete ban on filing of the offline applications." 5. If the petitioner has any difficulty in filing the appeals by online mode, he can submit the appeals before the Registrar of the Information Commission mentioning the difficulty whereupon as informed by Counsel for the Information Commission, the Registrar shall do the needful for uploading the said appeals online or for consideration as per the judgment quoted hereinabove. 6. We accordingly, dispose of this writ petition. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 6.2.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench