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IN THE HIGH COURT OF JUDICATURE AT PATNA

(CIVIL WRIT JURISDICTION)

C.W.J.C. No. _______________OF 2021

Pranav Kumar Churchill ...


Petitioner

Versus

Bihar State Information Commission ...


Respondent

INDEX

SL. ANNEXURES PARTICULARS PAGE


NO. NO.
1 List of Dates and Events
2 Writ Application
3 ANNEXURE- A truecopy of the letter vide Ref No. -
1 A/H/2080120/2180 sent by the petitioner
to the Inter School Koakol.
4 ANNEXURE- A truecopy of the letter vide Ref No. -
2 A/H/2080120/2181 sent by the petitioner
to the Inter School Koakol.
5. ANNEXURE- A truecopy of the letter vide Ref No. -
3 A/H/2080120/2182 sent by the petitioner
to the Inter School Koakol.
6. ANNEXURE- A true copy of the letter vide Ref No. -
4 A4602/2020 issued by State Information
Commissioner to Public Information
Officer.
7. ANNEXURE- A true copy of the letter vide Ref No. –
5 1028 issued by State Information
Commission to Smt. Sangita Mishra.
8. ANNEXURE- A true copy of the letter vide Ref No. –
6 86 issued by Inter School Koakol to Shri
Shyam Kumar Verma.
9. ANNEXURE- A true copy of the letter vide Ref No. –
7 94 issued by Inter School Koakol to
petitioner.
10. ANNEXURE- A true copy of the letter vide Ref No. –
8 98 issued by Inter School Koakol to
petitioner.
11, ANNEXURE- A true copy of the letter sent by
9 petitioner to Superintendent of Police.

DATE EVENTS
26.01.2020 The petitioner sent a letter vide Ref. No. –
A/H/2080120/2180 to Bihar State Information
Commission highlighting the issues that
1) The information provided on filing the RTI by him is
incorrect and fabricated.
2) The first appeal was filed on 6.11.2019 and till date no
any hearing has been done.

The petitioner sent a letter vide Ref. No. –


A/H/2080120/2181 to Bihar State Information
Commission highlighting the issues that
1) The required information was not provided.
2) No hearing of first appeal was done.

The petitioner sent a letter vide Ref. No. –


A/H/2080120/2182 to Bihar State Information
Commission highlighting the issues that
1) The information provided on filing the RTI is
incomplete, incorrect and fabricated.
2) The first appeal was filed on 6.11.2019 and till date no
any hearing has been done.
19.08.2020 The State Information Commissioner sent a Letter vide
Ref. No A4602/2020 Public Information officer
highlighting the issues that
1) The adequate information should be provided to the
petitioner.
2) The reason for delaying in providing the
information should also be given.
08.09.2020 The State Information Commission sent a letter vide Ref.
No. 1028 to Smt. Sangita Mishra State Information
Officer highlighting the issue that
1) The information provided to the appellant is
incomplete
2) Such information must be provided within a month and
all the photocopies of the required documents must be
provided.
10.09.2020 The State Information Commission sent a letter vide Ref.
No. 947 to Shri Chakradhar Mishra, Teacher highlighting
the issue that
1) The information is not provided to the appellant
2) The information must be provided within a month
and all photocopies of the required documents must
be provided.
07.10.2020 A letter was sent to Shri Shyam Kumar Verma
highlighting the issues that the documents with him
should be produced before 15. 10.2020 in Inter School
Koakol.
20.10.2020 The Inter School Koakol, Nawada sent a letter to the
appellant Pranav Kumar Churchil highlighting the issues
that he should appear for the inspection of the documents
in school on 2/11/2020.
2.11.2020 The Inter School Koakol, Nawada sent a letter to the
petitioner highlighting the issues related to the Case No.
A4600/2020 that the documents was not submitted by
former principal so the inspection of the said documents
cannot be made.

The Inter School Koakol, Nawada sent a letter to the


petitioner highlighting the issues related to the Case No.
A4601/2020 that the required documents has been made
available to the appellant for the inspection.
12.12.2020 The petitioner sent a letter to the Superintendent of
Police, Nawada highlighting the issue that
1) The information was provided with incorrect and
fabricated information intentionally.
2) And he requests for a fair inquiry.
LIST OF DATE AND EVENTS

No action taken, hence this writ application.


IN THE HIGH COURT OF JUDICATURE AT PATNA
(CIVIL WRIT JURISDICTION)

C.W.J.C. No. _______________OF 2021

In the matter of an
application under Article
226 of the Constitution of
India

AND

In the matter of:

Pranav Kumar Churchil, C/o Sridhar Singh, Siddharthpuri Colony, Road No.1,
Manpur, Gaya

... Petitioner

Versus

Bihar State Information Commission, Soochna Bhawan, Bailey Road, Patna,


Bihar

…Respondent
MOST RESPECTFULLY SHOWETH: -

1. The present writ petition is being filed before this Hon'ble Court under
Article 226 of the Constitution of India for the following reliefs:

i. For issuance of an appropriate writ of


Mandamus or any other appropriate writ(s)
or order(s) or direction(s) commanding the
Respondents to immediately give the
required information demanded by the
petitioner through the RTI.

2. That the present writ petition may be allowed on the following main grounds.

GROUNDS

A. Whether the Principal In-charge of Inter


School Koakol, Nawada has taken any
appropriate steps and acted in accordance
to provide the correct and complete
information required in reference with the
S.6(1) and (3) of the RTI Act,2005 or not?
B. Whether the District Education Officer,
Nawada has taken any appropriate steps to
ensure that the correct information should
be provided to the petitioner or not?
C. Whether the Bihar State Information
Commission has taken any appropriate
steps to ensure that the correct and accurate
information is provided to the petitioner or
not?
3. That the Petitioner is a citizen of India and he is a resident of Siddharthpuri
Colony, Road No.1, Manpur, Gaya. He is employed in the Inter School Koakol
and working for the welfare and the best interest of the school as well as the
students. He has filed various RTI’s and demanded information regarding the
fund used for the purpose of purchasing the laboratory instruments for the labs
in school and various other documents but wasn’t provided with the correct and
accurate information.

4. That the petitioner as well as Respondent Authorities are amenable to the writ
jurisdiction of this court.

BRIEF FACTS OF THE CASE

5. That Pranav Kumar Churchil, C/o Sridhar Singh, Siddharthpuri Colony, Road
No.1, Manpur, Gaya is a teacher, RTI activist employed in Inter School Koakol,
Nawada. He in his first RTI on 29.08.2019 demanded the information regarding
the following of session 2017-2018.

i. The amount and receipt of invested money on purchase of laboratory


instruments in Inter School Koakol.
ii. The Newspaper in which tender was published.
iii. The photocopy of the orders passed regarding the purchasing of
laboratory instruments.
iv. All the receipts regarding the purchasing and expenditure on orders as
given by finance department and education department of Bihar.

A truecopy of the letter vide Ref


No. - A/H/2080120/2180 sent by
the petitioner to the Inter School
Koakol has been annexed herewith
as Annexure- 1.
6. That the petitioner in his second RTI on 29.08.2019 demanded the
information regarding the following of session 2016-2017.

1) The attested copy of passbook of student fund of Inter School Koakol.


2) The attested copy of passbook of Inter School Koakol Development
Fund.
3) The attested copy of student attendance book.

A truecopy of the letter vide Ref


No. - A/H/2080120/2181 sent by
the petitioner to the Inter School
Koakol has been annexed herewith
as Annexure- 2.

7. That the petitioner in his third RTI on 29.08.2019 demanded the information
regarding the following of session 2017-2018.

1) The total amount sent to the account of Inter School Koakol for the
purchasing of laboratory instruments.
2) The attested copy of the three quotations taken for the purchasing of
laboratory

A truecopy of the letter vide Ref


No. - A/H/2080120/2182 sent by
the petitioner to the Inter School
Koakol has been annexed herewith
as Annexure- 3.

8. That on 24.10.2019 the appellant sent a letter filling first appeal to District
Education Officer highlighting the issue that the information provided by the
Public Information Officer Shyam Kumar Verma, Principal, Inter School is
incorrect, incomplete and fabricated. He prayed before District Education
Officer to act in accordance with Section 18 of the act and demanded penalty
for the intentional act of Public Information Officer.

A truecopy of the letter vide Ref


No. - A/H/2080120/2180 sent by
petitioner to District Education
Officer has been annexed herewith
as Annexure- 1

9. That on 26.01.2020 the petitioner sent a letter vide Ref. No. –


A/H/2080120/2180 filing second appeal to Bihar State Information Commission
highlighting the issues that the information provided to him on filing the RTI is
incorrect and fabricated. The appellant also highlighted that the first appeal was
filed by him on 6.11.2019 and till date no any hearing has been done by first
appellate authority i.e. District Education Officer.

A truecopy of the letter vide Ref


No. - A/H/2080120/2180 sent by
the petitioner to Bihar State
Information Commission has been
annexed herewith as Annexure- 1

10. That on 19/08/2020 the State Information Commissioner sent a Letter vide
Ref. No A4602/2020 to Public Information Officer highlighting the issues that
the adequate information should be provided to the appellant and the reason for
delaying in providing the information should also be stated.
A true copy of the letter vide Ref
No. - A4602/2020 issued by State
Information Commissioner to
Public Information Officer has
been annexed herewith as
Annexure- 4

11. That on 08.09.2020 State Information Commission sent a letter vide Ref.
No. 1028 to Smt. Sangita Mishra, State Information Officer highlighting the
issue that the information provided to the appellant is incomplete and such
information must be provided within a month and all the photocopies of the
required documents must be provided.

A true copy of the letter vide Ref


No. – 1028 issued by State
Information Commission to Smt.
Sangita Mishra has been annexed
herewith as Annexure- 5

12. That on 07.10.2020 Inter School Koakol sent a letter vide Ref. No. 86 to
Shri Shyam Kumar Verma highlighting the issues that the documents which is
with him must be produced before 15.10.2020 in Inter School Koakol, Nawada.

A true copy of the letter vide Ref


No. – 86 issued by Inter School
Koakol to Shri Shyam Kumar
Verma has been annexed herewith
as Annexure- 6
13. That on 20.10.2020 the Inter School Koakol, Nawada sent a letter vide Ref.
No. - 94 to the appellant highlighting the issues that he should appear for the
inspection of the documents in relation with the Case No. A4600/2020 and
A4601/2020 in Inter School Koakol on 2/11/2020.

A true copy of the letter vide Ref


No. – 94 issued by Inter School
Koakol to petitioner has been
annexed herewith as Annexure- 7.

14. That on 02.11.2020 the Inter School Koakol, Nawada sent a letter vide Ref.
No. - 98 to the Pranav Kumar Churchil highlighting the issues related to the
Case No. A4600/2020 that the documents was not submitted by former
principal so the inspection of the said documents cannot be made.

A true copy of the letter vide Ref


No. – 98 issued by Inter School
Koakol to petitioner has been
annexed herewith as Annexure- 8.

15. That on 12.12.2020 the Pranav Kumar Churchil sent a letter to the
Superintendent of Police, Nawada highlighting the issue that he was provided
with incorrect and fabricated information intentionally and requests for a fair
inquiry.

A true copy of the letter sent by


petitioner to Superintendent of
Police has been annexed herewith
as Annexure- 9.

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