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2025 DAILYLAW 43867 (ALL)

RAKESH KUMAR SHUKLA v. STATE OF U.P. AND ANOTHER

WRIC/12849/2025 · 2025-05-04

S Q H Rizvi, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70939-DB Court No. - 39 Case :- WRIT - C No. - 12849 of 2025 Petitioner :- Rakesh Kumar Shukla Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashutosh Pandey,Praveen Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Mr. Praveen Kumar Mishra, learned advocate appears on behalf of petitioner and submits, his client is Principal in a college. Complainant before the Information Commissioner alleged that his client had not answered queries made for information. By ex-parte order dated 19th June, 2015, the Commissioner imposed penalty of Rs. 250/- per day against his client. His client made recall application dated 15th May, 2023, still pending. He complained to respondent no.2. He seeks direction for consideration of the application. Rule 12 in Uttar Pradesh Right to Information Rules, 2015 does provide for recall, particularly when the order was made without hearing applicant, for no fault of his. He submits, at the material time his client was unwell. 2. Mr. Fuzail Ahmad Ansari, learned advocate, Standing Counsel appears on behalf of State. 3. We do not find necessity to direct issuance of notice on respondent no.2. Instead, the Commissioner is directed to consider petitioner's application dated 15th May, 2023 bearing diary no. 1505230395. Petitioner will communicate certified copy of this order along with copy of his application to the Commissioner of Information, who is added as respondent no.3. Petitioner will make the amendment in Court, to be countersigned by Court Master. The authority must go into substance of the queries and answers given, to determine whether petitioner was guilty. For the purpose, said respondent may require assistance from petitioner and the complainant. Decision taken on the consideration be made known to petitioner within six weeks from communication. 4. The writ petition is disposed of. Order Date :- 5.5.2025 Mohini (Arindam Sinha, J.) (S.Q.H. Rizvi, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad