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ANUBHA RAWAT CHOUDHARY
Shristidhar Mahato son of Late Biadyanath Mahato – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Counsel for the parties are present.
2. This writ petition has been filed for the following reliefs:-
b. To issue appropriate writ, order or direction in the nature of Mandamus to the Respondent to frame rules pursuant to powers conferred under Section 27 of the Right to Information Act, 2005 to govern the service condition and retirement benefit of the State Information Commissioner as has been done in the various States like Uttar Pradesh, Mizoram, Haryana, Assam, Kerala, Karnat
The court emphasized that the grant of pensionary benefits and the framing of rules for post-retiral benefits are matters of policy and legislative acts, and the existence of similar rules in other s....
The petitioner, a retired State Chief Information Commissioner, is entitled to retirement benefits equivalent to those of Election Commissioners as per the unamended provisions of the Right to Inform....
The judgment establishes the principle of 'occupied field' in the context of pension entitlement, emphasizing that existing rules govern entitlement and that the State Government's policy decisions a....
Pension eligibility under the RTI Act requires prior pensionable service; State Information Commissioners are not entitled to superannuation pension as per the Act's provisions.
The court established that 'other terms and conditions of service' includes pensionary benefits, affirming the petitioner's entitlement under the relevant statutes.
Adherence to the principles of natural justice and compliance with the Right to Information Act, 2005, including the imposition of penalties and compensation, must be in accordance with the statutory....
The main legal point established in the judgment is the mandatory adherence to the principles of natural justice and the requirement for a reasonable opportunity of being heard before imposing a pena....
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