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2025 DAILYLAW 166638 (ALL)

VIRENDRA SINGH @ PAPPU SINGH v. STATE INFORMATION COMMISSION U.P. LKO. THRU. SECY. AND 2 OTHERS

WRIC/9410/2025 · 2025-09-25

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9410 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Shikhar Anand, learned counsel for respondent nos.1 and 2. 2. This petition has been filed with the following main prayers:- "i) Issue a writ order or direction in the nature of Certiorari quashing the impugned orders dated 19.02.2025 as well as 09.11.2023 passed by the State Information Commissioner U.P. Lucknow, whereby Appeal No.S- 05/1897/A/2021 and Review Application No.S-5/431/punah/2023 of the petitioner has been dismissed without providing the information which the petition wanted, contained as Annexure No.1 & 2 to the writ petition. ii) Issue a writ order or direction in the nature of mandamus to provide the copies of inquiry report to the petitioner in the interest of justice." 3. It has been submitted by learned counsel for the petitioner that the petitioner has sought information from the Public Information Officer/Sub Divisional Officer, Sidhauli, Sitapur. A true copy of the application dated 5.4.2021 has been filed as Annexure-3 to the writ petition. The Sub Divisional Officer concerned did not provide any information to the petitioner. The petitioner filed a First Appeal before the Commissioner, Lucknow Division, Lucknow on 27.5.2021. The First Appellate Court also did not provide any information. Thereafter, the petitioner preferred a Versus Counsel for Petitioner(s) : Amitesh Pratap Singh, Sanjai Singh Counsel for Respondent(s) : Shikhar Anand, C.S.C. Virendra Singh @ Pappu Singh .....Petitioner(s) State Information Commission U.P. Lko. Thru. Secy. And 2 Others .....Respondent(s) Second Appeal on 16.10.2021 before respondent no.1 registered as Appeal No.S-05/1897/A/2021. By an order dated 9.11.2023, respondent no.1 has imposed fine upon the Public Information Officer/Sub Divisional Officer, Sidhauli, Sitapur, but did not ensure that the information which the petitioner was seeking is given to him. 4. Learned counsel for the petitioner has placed reliance upon a judgment rendered by this Court in Chandra Pal Verma vs. State Information Commission, U.P. and another, 2024 SCC Online All 5718, wherein a coordinate Bench of this Court finding a similar dispute having been raised and also noticing the judgments rendered by the Supreme Court, mainly in Chief Information Commissioner and another vs. State of Manipur and another, (2011) 15 SCC 1, and Kishan Chand Jain vs. Union of India, 2023 SCC Online SC 1021, observed that it was obligatory upon the State Information Commission to ensure that the duty given to it under the statute is exercised properly and the order of the State Information Commission was set aside and the matter was remitted to respondent no.1 to ensure that it may exercise all its powers to extricate information from the Public Information Officer of the institution concerned and that necessary orders be passed as are required under Section 19 of the Act, in view of the observations made by this Court as well as by the Supreme Court. 5. This writ petition is disposed of at the admission stage itself, setting aside the order dated 9.11.2023 and the order dated 19.2.2025 passed in review/recall application of the petitioner. The matter is remitted to the State Information Commission to exercise its powers under Section 19 of the Act in such a manner so as to extricate necessary information from the respondents as has been observed by the Supreme Court and by this Court in its judgment rendered in Chandra Pal Verma (supra). Let this exercise be completed as expeditiously as possible. September 25, 2025 Sachin WRIC No. 9410 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench