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Neutral Citation No. - 2025:AHC:129232-DB Court No. - 21 Case :- WRIT - C No. - 21951 of 2025 Petitioner :- Bal Krishna Agrawal Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Deepak Shukla,Himanshu Singh Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan,Kunal Ravi Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The following prayers have been made in the instant writ petition :-
"i. to issue a writ, order, or direction in the nature of mandamus, commanding Respondent No.2 to take appropriate action on the representation submitted by the petitioner under Section 17 of the Right to Information Act, 2005, duly affirmed on affidavit and submitted on 26.07.2024, by summoning all relevant documents from Respondent Nos.2,3,5 and 6 to ensure the proper and lawful disposal of the said representation. ii. to issue a writ order or direction in the nature of mandamus commanding the respondent No.5,6,and 7 to pay compensation to the petitioner for mental agony that done to the petitioner due to his act under right to information act, 2005 Section 19 (8)(B)."
2. The petitioner appears to be aggrieved by the fact that respondent No.8 while functioning as State Information Commissioner has rejected the appeal filed by the petitioner under the Right to Information Act, 2005, without ensuring that the documents asked for, have been supplied to him. The petitioner has made a complaint to the Governor against respondent No.8 alleging that rejection of the appeal amounts to misconduct on part of respondent No.8 and seeks his removal under Section 17 of the Right to Information Act. 3. Sri Kunal Ravi Singh, learned counsel appearing on behalf of State Information Commission states that respondent No.8 has retired from the post of State Information Commissioner in February, 2024, and therefore the cause for his removal no more survives. 4. Learned counsel for the petitioner could not dispute that respondent No.8 has retired. Notably, the order by which, second appeal was dismissed, nor the order dated 02.06.2023, rejecting the recall application, are under challenge. As second appeal has been rejected, it cannot be said that the petitioner has become entitled for any compensation against respondent Nos.5,6 and 7 for providing any incomplete information. 5. Accordingly, the writ petition is dismissed. It is left open to the petitioner to file fresh application, if any, further information is needed.
Order Date :- 1.8.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad