Remanded

Sathi Bashir Ahamd Bashamiya Shaikh, President v. Public Information Officer, the Principal Secretary and Ors.

Bombay HC27 Aug 2021WP/11016/2018

Case brief

AI extract

What is this about?

The High Court held that the second appeals filed under the RTI Act were dismissed on the grounds of the appellants' absence. The court set aside the impugned orders and remanded the matters to the second appellate authority for fresh decisions after hearing the appellants, directing them to appear on a specified date.

What did the court decide?

Impugned orders dated 11.04.2018 setting aside the appeals are set aside; matter remanded to the second appellate authority for fresh decision after hearing.

Sathi Bashir Ahamd Bashamiya Shaikh, President Vs Public… — RTI and Transparency | Bombay HC (2021)

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(2)-WP-11016-18 & group.doc .

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.11016 OF 2018

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Sathi Bashir Ahamd Bashamiya Shaikh President, Zilla Parishad Labour Karmachari Union, Solapur ..Petitioner Versus Public Information Officer, Principal Secretary, School Education and Sports Department and Ors. ..Respondents WITH WRIT PETITION NO.11039 OF 2018 Sathi Bashir Ahamd Bashamiya Shaikh President, Zilla Parishad Labour Karmachari Union, Solapur ..Petitioner Versus Public Information Officer, Sunil Sardar, Desk Officer, School Education and Sports Department and Ors. ..Respondents WITH WRIT PETITION NO.11049 OF 2018 Sathi Bashir Ahamd Bashamiya Shaikh President, Zilla Parishad Labour Karmachari Union, Solapur ..Petitioner Versus Public Information Officer, Deputy Secretary, School Education and Sports Department and Ors. ..Respondents BGP. 1 o f 3

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(2)-WP-11016-18 & group.doc .

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Mr. Ashok B. Tajane, Advocate for the Petitioners. Ms. Shruti Vyas, “B” Panel Counsel for the Respondent - State.

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CORAM : UJJAL BHUYAN & MADHAV J. JAMDAR, JJ. DATE : 27^th AUGUST, 2021

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P.C.

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Heard Mr. Ashok Tajane, learned counsel for the petitioners in the three writ petitions and Ms. Shruti Vyas, learned “B” panel counsel for the respondents - State.

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Challenge made in all the three writ petitions is to identical orders dated 11.04.2018 passed by respondent No.3 i.e. State Information Commissioner, Mumbai.

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Petitioner had sought for certain information under the Right to Information Act, 2005 from the Public Information Officer, School Sports Department. As the information was not furnished, first appeals were filed. Those appeals were disposed of vide orders dated 01.01.2018. Aggrieved by the orders of the first appellate authority, second appeals were filed by the petitioners.

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We have perused the impugned orders and we find that the appeals were dismissed on merit. Petitioner was late in attending the hearing and he was marked as absent.

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Learned counsel for the petitioners submits that on that particular date the trains were running late for which he could not attend BGP. 2 o f 3

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(2)-WP-11016-18 & group.doc .

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the hearing on time.

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Without entering into the merit, we are of the view that it would be in the interest of justice if the petitioners as the appellants are heard by the appellate authority i.e. State Information Commissioner in accordance with law and thereafter the appeals are decided.

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Having regard to the above, we set aside the impugned orders dated 11.04.2018 and remand the matters back to the second appellate authority for fresh decisions in accordance with law.

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Let the petitioners appear before the second appellate authority on 08.09.2021 at 10.30 a.m.

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All the writ petitions are accordingly disposed of.

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Digitally signed by BALAJI BALAJI GOVINDRAO GOVINDRAO PANCHAL PANCHAL Date: 2021.08.27 14:32:00 +0530

MADHAV J. JAMDAR, J

UJJAL BHUYAN, J

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BGP.

Sathi Bashir Ahamd Bashamiya Shaikh, President v. Public Information Officer, the Principal Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Sathi Bashir Ahamd Bashamiya Shaikh, President v. Public Information Officer, the Principal Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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