2023 Supreme(Online)(Chh) 14214
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
FIROZ PATEL – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPPIL/121/2022
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 121 of 2022 Firoz Patel S/o Late Haji Ahmad Patel Aged About 51 Years President, Kgn Welfare Society, R/o Near Rd Public School, Vikash Nagar, Shankar Ward, Kalapatha, Betul (M.P.) Nair House, Infront of Kesariya Kirana Store, Old Market, Bade Bacheli,, District : Dantewada, Chhattisgarh ---- Petitioner Versus
1. State of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanaid Bhawan, Nawa Raipur Atal Nagar,, District : Raipur, Chhattisgarh
2. Director, Directorate of Health Service, 3rd Floor, Indrawati Bhawan, Nawa Raipur Atal Nagar,, District : Raipur, Chhattisgarh
3. National Health Mission, Department Of Health And Family Welfare, State of Chhattisgarh. Through Its Mission Director, National Health Mission, 4th Floor, Chhattisgarh Grih Nirman Mandal, Commercial Complex (South East Corner), Sector-27, Atal Nagar Nawa Raipur,, District : Raipur, Chhattisgarh
4. Chhattisgarh State Information Commission, Through Its Chief Information Officer, Chhattisgarh State Information Commission, North Block, Sector-19, Atal Nagar Nawa Raipur,, District : Raipur, Chhattisgarh
5. M/s Community Action Through Motivation Programme (Camp), Bhopal, F-106, Garden Residency, Chuna Bhatti, Bhopal H. No. 8/668, Anand Nagar, Badabag, Rewa (M.P) Hig-1676, Sector 29, Near Nhm Office, Nawa Raipur Atal Nagar,, District : Raipur, Chhattisgarh
6. Director, State Health Resources Centre, State Health Training Centre Building, Kallibadi, Raipur, Chhattisgarh ---- Respondents (Cause-title taken from Case Information System)
For Petitioner : Mr. Firoz Patel, in person For Respondents/State : Mr. Hariom Rai, Panel Lawyer For Respondent No.3 : Mr. C. Jayant K. Rao, Advocate For Respondent No.4 : Mr. Anumeh Shrivastava, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Smt. Rajani Dubey , Judge
Order on Board
Per Ramesh Sinha , Chief Justice
21 .03.2024
1. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India styled as Public Interest Litigation with the following prayers:
“i. That, this Hon’ble Court may kindly be pleased to direct the respondents to produce the entire records of the case for which the petitioner has filed the applications under the Right to Information Act, 2005.
ii. That, this Hon’ble Court may kindly be pleased to direct the respondents to take action against the respondent No.5 on the complaint of the petitioner.
iii. Cost of the petition may kindly be granted to the petitioner.
iv. Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted, in the interest of justice.”
2. Petitioner – Firoz Patel, who appeared in person, submitted he is the President of KGN Welfare Society, which is a non-profiting Government Organization and the aim and object of the NGO of the petitioner is providing service in the Health Department and the petitioner is only agitating the issue, as he came across that the basis infrastructure and staff are missing while running the project of Urban and Rural Mobile Medical Unit and Operation and Management of HEARSES (Shav Vahan), which was being run in the State of Chhattisgarh by the service provide of the State of Chhattisagarh i.e. respondent No.5 and therefore, he has filed the application under Right to Information Act, 2005 before the respondent No.2 and 3 seeking information with regard to the infrastructure and staff of Rural and Urban Mobile Medical Unit and also the information with regard to Shav Vahan. He further submitted that so far as the information with regard to Shav Vahan is concerned, the respondent No.5 vide letter dated 23.11.2020 has only given the copy of the agreement, but the detailed information as sought by him has not been given to him till date, thereafter, he had made complaint before the respondents as well as to the Chief Secretary of the State of Chhattisgarh and the Hon’ble Chief Minister of the State of Chhattisgarh