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2025 DAILYLAW 17600 (UTT)

JAGPAL SINGH v. STATE OF UTTARAKHAND

WPMS/3149/2025 · 2025-11-19

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10255 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 1 4 9 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. M.C. Pant, Advocate for the petitioner, through video conferencing. 2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand/ respondents. 3. Petitioner contends that in his Second Appeal filed under Right to Information Act, State Information Commission passed an order on 8.1.2025, whereby Chief Secretary, Government of Uttarakhand was directed to make inquiry on the complaints made by the petitioner. 4. The grievance raised by the petitioner is that, despite the order passed by State Information Commission, inquiry has not been held by the Chief Secretary. 5. Learned State Counsel submits that State Information Commission does not have the right to pass such a direction to the Government authorities to hold inquiry into complaint made by a public man. 6. This Court finds some substance in the said submission. 7. Learned State Counsel, however, submits that the Deputy Secretary, Irrigation Department, Government of Uttarakhand had issued a letter to the petitioner on 16.02.2023, whereby he 2025:UHC:10255 was asked to furnish affidavit in support of his complaint along with the evidence, to substantiate the allegation made in the complaint, however, petitioner has neither submitted the affidavit nor supporting affidavits. 8. Mr. M.C. Pant, learned counsel appearing for the petitioner, however, refers to the page 28 of the writ petition, which is an affidavit filed by the petitioner before the Deputy Secretary, Irrigation Department on 16.03.2023. However, he concedes that the evidence in support of the complaint, could not be filed. 9. The writ petition is, accordingly, disposed of with liberty to the petitioner to furnish evidence in support of his complaint before the Deputy Secretary, Irrigation Department in terms of his letter dated 16.02.2023, within three weeks. If petitioner submits the relevant evidence within stipulated time, the Secretary, Irrigation, shall look into the complaint made by petitioner and take appropriate decision, as per law, within four months thereafter. ( Man oj Ku m ar Tiw ar i, J.) 19.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819 DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.19 17:53:24 +05'30'