Bombay High Court
SABIR NOOR AHMED PATELversusSTATE INFORMATION COMMISSIONER NASHIK AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The order of the State Information Commissioner was quashed and the appeal restored for fresh consideration with an opportunity of hearing.
Summary
The petitioner, Sabir Noor Ahmed Patel, filed a writ petition challenging the order dated 05.09.2018 of the State Information Commissioner, Nashik Region, which dismissed his second appeal without any notice or opportunity of hearing. The petitioner alleged a violation of the principles of natural justice, while the respondents contended that the absence of a note in the roznama regarding notice was not sufficient ground for interference. The High Court examined the record and found that the roznama did not show service of notice nor the petitioner's presence, indicating that the appeal was decided in his absence. Consequently, the Court held that the order was passed in breach of natural justice and quashed it. The matter was remanded to the State Information Commissioner for fresh consideration with a mandatory hearing, and the petitioner was directed to appear on a specified date.
Issues considered
- Whether the order of the State Information Commissioner was passed without serving notice and hearing, thereby violating the principles of natural justice.
- Whether such procedural irregularity warrants setting aside the order and remanding the appeal for fresh consideration.
Subjects
- natural justice
- right to hearing
- State Information Commissioner
- Right to Information Act
- writ petition
- quash order
- procedural fairness
Judgment
2026:BHC-AUG:2054-DB
1 990 WP 11939-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11939 OF 2021
1. Sabir Noor Ahmed Patel … PETITIONER
VERSUS
1. State Information Commissioner
2. First Appellate Authority cum Assistant Registrar
3. Public Information Officer … RESPONDENTS
…
Mr. Vikrant P. Raje – Advocate for Petitioner
Mr. A.D. Wange – AGP for Respondents, State
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 17.01.2026
ORAL JUDGMENT :
1. Heard. Rule. Rule made returnable forthwith. By consent of the
parties, heard finally at the state of admission.
2. Heard learned Counsel for petitioner and learned A.G.P. for the
respondents, State authorities.
3. By way of the present petition, the petitioner challenges the order
dated 05.09.2018 passed by the State Information Commissioner, Nashik
Region, Nashik in Second Appeal No.5060 of 2016, whereby the appeal
filed by the petitioner came to be dismissed.
4. Learned Counsel for the petitioner submits that the appeal was
decided without issuing notice to the petitioner and without affording an
opportunity of hearing. It is contended that the State Information
2 990 WP 11939-2021.odt
Commission proceeded in the matter in absence of the petitioner and
thereby violated the principles of natural justice.
5. Per contra, learned A.G.P. submits that mere absence of noting in
the roznama regarding presence or absence of the petitioner cannot be a
ground to interfere with the order under challenge.
6. Upon perusal of the record, it appears that the impugned order
itself records that none appeared on behalf of the petitioner/appellant.
The roznama placed on record does not indicate that notice of hearing
was duly served upon the petitioner. There is no endorsement showing
service of notice or that the petitioner remained absent despite service.
The record, therefore, clearly reveals that the appeal was decided without
affording an opportunity of hearing to the petitioner, which amounts to
non-observance of the principles of natural justice. Therefore, this Court
is inclined to allow the present petition partly by setting aside the order
passed by the State Information Commissioner, thereby remanding the
matter for fresh consideration. Hence, I proceed to pass following order :
ORDER
(i) The Writ Petition is partly allowed.
(ii) The order dated 05.09.2018 passed by the State
Information Commissioner, Nashik Region, Nashik, in
Second Appeal No.5060 of 2016 is quashed and set aside.
3 990 WP 11939-2021.odt
(iii) The Second Appeal No.5060 of 2016 stands restored to
the file of the State Information Commissioner.
(iv) The petitioner shall appear before the State Information
Commissioner, Nashik Region, Nashik, on 27.01.2026.
(v) The State Information Commissioner shall decide the
appeal afresh, after granting an opportunity of hearing to
the petitioner, within a period of six (6) months from the
date of appearance.
[ SIDDHESHWAR S. THOMBRE, J. ]
Pooja Kale/
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