Neutral Citation No. - 2025:AHC:27342 Court No. - 10 Case :- WRIT - A No. - 1943 of 2025 Petitioner :- Babita Dwivedi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh Counsel for Respondent :- Ram Asarey Pal,C.S.C.,Kunal Ravi Singh,Ram Dyal Kushwaha,Shesh Kumar Srivastava Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri V.K.Singh, learned Senior Counsel assisted by Sri Samarath Singh, learned counsel for the petitioner and Sri Kunal Ravi Singh, for the respondent no.3. 2. Petitioner is suffering from an order of financial penalty under The Right to Information Act, 2005 being Information Officer since 2016 on a ground of not providing information to the complainant within a stipulated period. 3.According to learned Senior Counsel appearing on behalf of petitioner, petitioner has filed a recall application under Rule 12 of the Uttar Pradesh Right to Information Rules, 2015 in 2018. However, till date said recall application has not been decided by the respondent no.3. 4. It has now been informed by learned counsel appearing on behalf of respondent no.3 that in the coming two weeks a date is fixed and probably on the said date said recall application will be decided. 5. During the interaggnum period, complainant has moved an application before the DIOS, Deoria to recover the amount of penalty and accordingly impugned order dated 20.1.2025 was passed and petitioner's salary was stopped since he has not deposited the amount of penalty within one month as prescribed in the impugned order, therefore, petitioner has rushed to this Court. 6. Learned Senior Counsel for the petitioner submitted that since recall application was pending, therefore, under bonafide impression, petitioner has not deposited the amount of penalty since according to her she has a good case to recall, 7. I have considered the above submissions and considering that penalty was imposed in the year 2016 and a recall application is still pending since 2018, therefore, in the interest of justice, order dated 20.1.2025 is kept in abeyance for a period of one month. Meanwhile, concerned respondent shall decide the recall application and order of abeyance will be subject to outcome of it. By this order, interest of the complainant appears to be protected since it is has been passed without issuing notice to him being arrayed as respondent no.6. 8. Learned counsel appearing on behalf of respondent no.3 assures the Court that a decision will be taken on the pending recall application within a shortest possible time. 9. With the aforesaid direction, this writ petition is disposed of. Order Date :- 27.2.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad