Page No.# 1/3 GAHC010169852024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4249/2024 SUREN CHANDRA PATIR SON OF LATE RUTONG PATIR, RESIDENT OF QUARTER NO. 134, BLOCK NO. 10, A.G. STAFF QUARTER COMPLEX, BEHARBARI, POST OFFICE- BASISTHA, POLICE STATION- BASISTHA, GUWAHATI- 781029, DISTRICT- KAMRUP (M), ASSAM VERSUS THE UNION OF INDIA AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS DEPARTMENT, NDCC-II BUILDING JOYSHIN ROAD, NEAR JANTRAMANTOR, NEW DELHI- 110001 2:THE PUBLIC INFORMATION OFFICER OFFICER OF THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI- 781029 DISTRICT- KAMRUP (METROPOLITAN) ASSAM 3:THE APPELLATE AUTHORITY PUBLIC INFORMATION OFFICER OFFICE OF THE COMPTROLLER AND AUDITOR GENERAL OF INDIA 10 BAHADUR ZAFAR MARK INDRAPRASHTHA HEAD POST OFFICE NEW DELHI PIN- 11000 Advocate for the Petitioner : MR. B K SEN, N HASAN,P SINGH,MR A HUSSAIN Page No.# 2/3 Advocate for the Respondent : DY.S.G.I., MR. C K S BARUAH(CGC) BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 24.02.2025 Heard Mr. B.K. Sen, learned Legal Aid Council for the petitioner and Mr. C. Baruah, learned Standing Counsel, Accountant General [A & E], Assam for the respondent nos. 2 & 3. 2. It is stated that the petitioner served as a Senior Accountant in the Office of the Accountant General [A & E], Assam at Guwahati and he retired from service on superannuation in December, 2003. For the purpose of preferring the writ petition, the petitioner has availed legal services under Section 12 of the Legal Services Authorities Act, 1987. The legal services has been availed on the premise that the petitioner belongs to Scheduled Tribe category and as per Clause [a] of Section 12 of the Legal Services Authorities Act, 1987, legal services can be availed by a member of a Scheduled Tribe. 3. Today, Mr. Baruah, learned Standing Counsel, Accountant General [A & E], Assam has placed a copy of a Communication bearing no. Legal Cell/Admn-1/WP[C] no. 4249/2024/358 dated 10.02.2024, received by him from the Office of the Accountant General [A & E], Assam at Guwahati. Referring to the same, Mr. Baruah has submitted that the petitioner had received a copy of the Order no. Legal Cell/RTI/Admn-1/2022-23/87 dated 10.06.2022 passed in the 1st appeal, preferred by him, on 16.06.2022. 4. By Order bearing no. Legal Cell/RTI/Admn-1/2022-23/87 dated 10.06.2022, the 1st appeal preferred by the petitioner under Section 19 [1] of the Right to Information Act, 2005 [‘the RTI Act, 2005’ for short] had been disposed of. 5. Mr. Sen, learned Legal Aid Counsel appearing for the petitioner has submitted that in view of the disposal on the 1st appeal, the petitioner would avail the remedy under Section 19 [3] of the RTI Act, 2005 and in that view of the matter, the petitioner may be permitted to Page No.# 3/3 withdraw this writ petition in order to avail such remedy. 6. In view of such submission made by Mr. Sen, learned Legal Aid Counsel for the petitioner, the instant writ petition is allowed to be withdrawn, in order to avail appropriate remedy under Section 19 [3] of the RTI Act, 2005 by the petitioner before the appropriate forum in accordance the procedure prescribed. 7. A copy of the Communication bearing no. Legal Cell/Admn-1/WP[C] no. 4249/2024/358 dated 10.02.2024 and the Order bearing no. Legal Cell/RTI/Admn-1/2022- 23/87 dated 10.06.2022 are kept with the case record by marking the same as Document – ‘X’ and Document – ‘Y’ respectively. 8. Mr. Baruah, learned Standing Counsel, Accountant General [A & E], Assam shall furnish a copy each of the Communication dated 10.02.2024 and Order dated 10.06.2022 to Mr. Sen, learned Legal Aid Counsel for the petitioner during the course of the day. JUDGE Comparing Assistant