Extracted from the PDF above. The PDF is authoritative.
2025:HHC:45075
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP NO.20222 of 2025 Decided on: 22.12.2025 Yashwant Kumar
… Petitioner Versus State of H.P & Others … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 Yes ____________________________________________________________ For the petitioner : Mr. G.R. Palsra, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate
General for respondent Nos.1 & 2. Notice not issued to respondent No.3
Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has inter alia prayed for following reliefs:- (i)That the impugned letter dated 27.08.2025 contained in Annexure P-8 may kindly be quashed and set aside by issuing a writ of certiorari. (ii) That the respondent No.3 may kindly be directed to decide the second appeal filed by the petitioner afresh on merits by issuing a writ of mandamus. (iii) That the respondents may kindly be directed to supply the required information to the petitioner by issuing a writ of mandamus.
3. The petitioner is aggrieved by Annexure P-8, in terms whereof, the appeal filed by him has been returned back by the office of H.P State Information Commission with the remarks that the same was time barred. 1 Whether reporters of the local papers may be allowed to see the judgment?
2 . 2025:HHC:45075
4. This Court is of the considered view that this is no way in which the appeals are to be dealt with by Statutory Tribunals or Commissions.
5. Even if appeal preferred by the appellant before such Tribunal is time barred, the same has to be listed before the appropriate Fora and it is the appropriate Fora, which has to pass an appropriate order, may be dismissing the appeal being time barred, but the ministerial staff has no business or authority to return back the appeal filed with the remarks, as has been done in the present case in terms of Annexure P-8. Therefore, on this account, this petition is allowed and the Annexure P-8 is quashed and set aside and the Authorities are directed to take on board the appeal filed by the petitioner and pass an appropriate order thereupon, in accordance with law. Petition stands disposed of, so also pending miscellaneous application. (Ajay Mohan Goel) Judge December 22, 2025(meera)