Himachal Pradesh High Court
State Of Himachal Pradesh vs Dr.P.K. Aditya & Another on 6 August, 2021
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
.
CWP No.2418 of 2010
Date of Decision: August 6, 2021
State of Himachal Pradesh ...Petitioner.
Versus
Dr.P.K. Aditya & another ..Respondents.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. Raju Ram Rahi, Deputy Advocate
General, through Video Conferencing.
For the Respondent: Respondent No.1 is ex-parte vide order
dated 16.03.2017.
None for respondent No.2.
Vivek Singh Thakur, J (oral)
In sequel to order dated 06.07.2018, learned Deputy
Advocate General has placed on record instructions dated
21.08.2018 received from Secretary (Administrative Reforms) to
the Government of Himachal Pradesh stating therein as under:-
"I am directed to refer your letters No.CWP N2418/2010-
24110, 24966 & 24967 dated 10-07-2018 and 16-07-
2018 COPC-91/2018-18289 dated 25-05-2018 on the
subject cited above and the say that the Ld. State
Information Commission in its order dated 26-02-2010 has
mainly ordered that provision of Section 4(1) (a), (c) & (d)
should be brought to the notice of all the public
authorities for compliance by the Department of
1 Whether reporters of the local papers may be allowed to see the judgment?
Administrative Reforms of the State Government, it was
also ordered that Department of ARO shall submit a
compliance report to the Commission on the directions
contained in this order within a period of three months.
The CWP No 2418 of 2010 was filed with the prayer to
.
quash and set aside the order of the Ld. State Information
Commission dated 26-02-2010 and also to stay the
directions as contained in the said order till the decision of
Hon'ble Court on the main petition. The Hon'ble Court
vide Order dated 06-07-2018 has passed orders to seek
instructions, on request to enable learned Deputy
Advocate General as to whether anything survives to be
adjudicated in the present petition, as of now, or not.
2. The State Government in Administrative Reforms
Organization in the petition has made submission that
compliance to Section (4) of the RTI Act, 2005 is a duty
cast on all the public authorities. The obligation of section
4(1) (a) of the RTI Act, 2005 is likely to be time consuming
and it fulfillment relates to availability of sufficient
infrastructure, man power & resources etc. The State
Government is very keen to comply with the above said
provisions in letter and spirit and has taken steps for its
implementation by issuing necessary instructions to the
public authorities, from time to time. The information
received from different departments envisages that the
provisions of Section 4 of the RTI Act, 2005 are being
adhered strictly and the information is also uploaded by
the concerned department on their departmental website.
The above reflects that the above said provisions are
being complied with by the public authorities and the
State Government is constantly involved for the
implementation of the same by taking positive and
meaningful steps. It has been decided administratively
that there is nothing survives to be adjudicated in the
present petition.
3. Keeping in view the position enunciated in the
preceding paragraphs, the Hon'ble Court may kindly
apprised that there is nothing survives to be adjudicated
in the present petition, as of now, on the next date of
hearing and further orders of the Hon'ble Court may be
conveyed to this department for ensuring compliance.
The compilation of information received from the different
.
ends is annexed herewith for ready reference. You are
also requested to take reference of this department letter
of even number dated 28.11.2017."
2. Learned Deputy Advocate General submits that in
view of the aforesaid communication, he has instructions to say
that nothing survives to be adjudicated and, therefore, to
withdraw this petition.
3. Accepting submissions made by learned Deputy
Advocate General, petition is dismissed as withdrawn, so also
pending application(s), if any.
(Vivek Singh Thakur),
Judge.
August 6, 2021
(Purohit)
