THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 14111 of 2025

O R D E R

Heard learned counsel for the petitioner, learned Government Pleader for Information Technology(IT) & Right to Information (RTI) appearing for respondent Nos.1 to 3, and with their consent the Writ Petition is taken up for hearing and disposal at admission stage.

2. The case of the petitioner, in brief, is that he had preferred first appeal under the provisions of Right to Information Act, 2005 (for short ‘the Act’) before the 3^rd respondent on 06.02.2025; that the said appeal has been rejected by the 3rd respondent by order dt.10.03.2025 under the provisions of Section 8(3) of the Act; that aggrieved by the aforesaid order of the 3^rd respondent he has approached the 2^nd respondent-authority and filed second appeal in terms of Section 19(3) of the Act on 02.04.2025; and that in spite of the petitioner availing the said remedy provided under the Act, the same has not been disposed of till date, which action of the respondents it is contended as highly illegal, arbitrary and contrary to the provisions of the Act.

3. Per contra, learned Government Pleader for Home appearing for respondents submits that the State has already taken steps for appointing the Chief Information Commissioner and since, the process for appointment has already been initiated and on the vacancy in the said office being filled up, the appeal of the petitioner would be disposed of; and that this Court in W.P.No.12094 of 2025, dt.24.04.2025, taking note of the similar such submission made, had directed the authorities to dispose of the appeal filed before the said authority in a time bound manner.

4. Learned Government Pleader further submits that since, the petitioner claims to have filed second appeal with the 2^nd respondent-authority on 02.04.2025, similar direction may be issued even in the present case.

5. I have taken note of the respective submissions made.

6. Having regard to the submissions made as above and since, it is stated to this Court of the State taking steps for filling up the vacancy in the office of the State Chief Information Commissioner, and, as the petitioner claims to have approached the said authority by filing second appeal on 02.04.2025, this Court is of the view that on the aforesaid vacancy being filled up, the said authority is to be directed to dispose of the appeal pending before it within a period of eight (08) weeks therefrom.

7. Subject to the above observation and direction, the Writ Petition is disposed of. No order as to costs.

8. Consequently, miscellaneous petitions, if any, pending shall stand closed.

_____________________ T. VINOD KUMAR, J

02nd May, 2025.

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