The High Court · 2025

contempt case filed under sections 1o to 12 of contempt of courts Act to punish the respondents herein for willfully and disobeyingideliberately/violating irre orders of the High Court dated 23.08.2024 passed in W.P.No.10305 ol 2023. // Belween: I",?JiT"TLT3i,fl3"lI-T:g,ls?d about 51 years, occ. pubric rnterest Judicrar ,,,j#;iJ#i_a,Ji,,f;hi3l;.,1i#;*e"*m:i;::;i:d#lf iJffi AND ...pETrroNER : Shri Brig Vipin Chakrawarti (Retd.),..The Registrar, O/o The Centrat lnformation uommrssion (CtC), Baba Ganganath rr,frrg irr;iiliNew oethi 110067. IA NO: 10F 2024 ...RESPONDENT Petition under Secti the affidavit fited in supooln.1,S1 t he a bo ve c c n" )ii5'#; 3ilflff :llJ,,3;,,lin* " ", counset for the petitioner in c.c. CpC praying that in the circumstances stated in n, J o" o r""," J',1=01", ""0 Xl,#;ff,"rio*g6X"*Al RAo/ Counsel for the Respondents in C.C. and in t.A.: SF o v. s o L ic i j'-T.TSl The Court made the foltowing: COMMON ORDER KU MA R )'^i":N THE HON'BLE SRIJUSTICE K. LAKSHMAN I.A.No.3 of 2024 in WRIT PETITION No.10305 of2023 . CONTE MPT CASE No.2 253 of 2024 COMMON oRDER: Heard Sri T. Dhangopat Rao, petitioner_in_person (petitioner) and learned Deputy Solicitor General of India appearing for respondents in both the cases. 2. For convenience, the parties hereinafter shall be referred as they are arrayed in I.A.No.3 of 2024 in W.p. No.l0305 cjf

3. Petitioner has filed I.A.No.3 of 2024 in Writ petition No.10305 of 2023 to grant leave to him to set aside.the ex parte order dated 09.12.2024 passed by l",respondent, in Second Appeal No.CIC/MHOMEIA/2021/619400 and to restore the Second Appeal to its original position. 4. Petitioner has filed writ petition No.10305 0f 2023 to set aside order dated 28.10.2022 passed by l.' respondent, in Second Appeal No.CIC/MHOMEtN2O2t/619400. On consideration of all the aspects, this Court vide ord,er dated

23.08.2024 set aside both the orders dated 27.10.2022 and 2 KL, J LA.\o.3 ol2024 w.P.No- 103Os ot 2023 C C No 2253 of2024

28.10.2022 passed by 1" respondent, in Second Appeal No.CIC/MHOME1AI202L/619400, and remanded back the matter to 1" respondent with the direction to dispose of the Second Appeal filed by petitioner in terms of Section l9(3) of the Right To Information Act, 2005 (for short 'the Act') strictly in accordance with law, as expeditiously as possible, preferably, within a period of 30 days from the date of receipt of copy of the said order. This Court also directed 1" respondent to consider order dated 22.03.2013 passed by it on the application filed by Shri Rahul Mohod and order dated

23.01 .2023 in SLP.(C).Nos. I 6303- 163 04 of 2022

5. Petitioner has filed the aforesaid Contempt Case No.2253 of 2024 alleging willful and deliberate violation of the said order dated 23.08.2024 passed by this Court in Writ Petition No.10305 of 2023.

6. According to petitioner, he has received notice from l" respondent stating that enquiry was fixed on 04.12.2024. But, the respondents have not conducted any enquiry on the said date. Thereafter, he has received another notice stating that hearing was fixed on 09.12.2024. As he has a case in the 3 KL, J I A.No.3 ol2024 W.P.No 10305 ot 2023 C.C No.2253 ot 2024 Supreme Court, he has sent an Email on 08.12.2024 to the respondents with a request to adjourn the enquiry. Without considering the same, I't respondent has passed the order dated.

09.12.2024. Therefore, he has filed I.A.No.3 of 2024 in Writ Petition No.10305 of 2024 to recall the said ex parte order dated 09.12.2024 arrd to restore the Second Appeal to rts original position.

7. Learned counsel for the respondents filed a compliance memo dated 12.12.2024, wherein it is stated that respondents have already complied with the aforesaid order dated 23 .08.2024 of this Court and I " respondent has already passed the order on09.12.2024 in the aforesaid Second Appeal. 8. As discussed supra, if the petitioner is aggrieved by order dated W.12.2024 passed by 1" respondent, he has to challenge the same and take all the pleas/contentions which he has raised in the present case, But, he cannot file I.A.No.3 of 2024 in Writ Petition No.10305 of 2023, which was already disposed of by this Courtvide order dated 23.08.2024, to recall the order dated 09.12.2024 and to restore the Second Appeal to its original positidn. w P No.10305 o12023 C.C.No.2253 ot 2024

9. In the light of the above, there is no violation of the order dated 23.08.2024 in Writ Petition No. 10305 of 2023. To punish a contemnor in terms of Section 12 of the Contempt of Courts Act, 1971, there should be wiltful and detiberate violation of the order of the Court. As discussed supra, in the present case, there is no violation much less willful and deliberate violation of the order under contempt

10. In the light of the aforesaid discussion, I.A.No.3 of 2024 in Writ Petition No. 10305 of 2023 is dismissed. Consequently, this Contempt Case is also closed granting liberly to petiiioner to challenge the order dated 09.12.2024 passed by l" respondent and to raise all the grounds/contentions which he has raised in the present case. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// D SD/- MOHD, ISMAIL ERUTY REGISTRAR .\ \J -=--' '- - SECTION OFFICER To

1. One CC to Sri T Dhangopal Rao, Party in Person/Advocate [OPUC] 2. One CC to Sri Gadi Praveen Kumar, Deputy Solicitor General of lndia loPUCl

3. Two CD Copies Plp/gh Vt' a'.1 HIGH COURT DATED:0710312025 \ \ g !1Ar& { .t o 01 $\i,1 $6 .l^ v-. * +9 I DSS',-'0,\ L"1 COMMON ORDER |.A.NO.3 0F 2024 tN W.p.10305 0F 2023 AND CC.No.2253 of 2024 DISMISSING THE I.A.3 OF 2024IN W.P. AND CLOSING THE CONTEMPT CASE 6 {4rt Xff