Madhusmita Saikia v. Union Public Service Commission

Delhi High Court · 07 Sep 2015 · 2015:DHC:7369
Sunil Gaur
W.P.(C) No.8579/2015
2015:DHC:7369
administrative petition_allowed

AI Summary

The Delhi High Court directed the respondent to entertain and decide the petitioner’s delayed first appeal under the RTI Act within four weeks, emphasizing the statutory remedy before the Chief Information Commissioner.

Full Text
Translation output
W.P.(C) No.8579/2015 Page 1 I-8 HIGH COURT OF DELHI
Date of Decision: September 07 , 2015
W.P.(C) 8579/2015 & C.M.No. 18565/2015
MADHUSMITA SAIKIA ..... Petitioner
Through: In person.
VERSUS
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
(ORAL)
The grievance made in this petition is that the first appeal under
Section 19(1) of the Right to Information Act, 2005 (Annexure P-8) of
22nd January, 2015, in pursuance to the order of 16th December, 2014 (Annexure P-6) by a Coordinate Bench of this Court, has not been decided by the Appellate Authority.
Notice.
Mr. Naresh Kaushik, Advocate, accepts notice of this petition.
Petitioner in person submits that she does not know about the fate of the appeal (Annexure P-8).
Learned counsel for respondent submits that the appeal (Annexure
P-8) has not been filed within a period of two weeks, as directed by
2015:DHC:7369 W.P.(C) No.8579/2015 Page 2 Coordinate Bench of this Court vide Order (Annexure P-6).
Upon hearing and on perusal of this petition and the material on record, I direct respondent to entertain petitioner’s first appeal (Annexure
P-8) and to decide it within a period of four weeks.
At this stage, learned counsel for respondent submits that in the event of petitioner being dissatisfied with the decision on her first appeal, the remedy would lie before the Chief Information Commissioner.
Be that as it may. Let the concerned authorities decide petitioner’s first appeal (Annexure P-8) within a period of four weeks from today and intimate its fate to the petitioner.
With aforesaid directions, this petition and application are disposed of.
Copy of this order be given dasti under the signatures of Court
Master to counsel representing both the sides.
(SUNIL GAUR)
JUDGE
September 07, 2015 r 2015:DHC:7369