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Prasoon Shekhar Vs State Of Bihar And Ors

Case No: Civil Writ Jurisdiction Case No. 9378 Of 2020

Date of Decision: Dec. 16, 2020

Acts Referred: Right to Information Act, 2005 — Section 7(5)

Hon'ble Judges: Sanjay Karol, CJ; S. Kumar, J

Bench: Division Bench

Advocate: Sanjeev Kumar, P.K. Verma, Divya Verma

Final Decision: Disposed Of

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Judgement

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

(i) To make suitable changes in the Bihar RTI online Portal ""JAANKARI' so far as to make provisions for exemption of fees/charges from the

persons belonging to BPL category in the said portal in the light of the provisions contained in Section 7(5) of the Right to Information Act, 2005 read

with Bihar Right to Information Rules, 2006 Section 3(2)(ii).

(ii) Not giving of option of exemption of fees/charges in respect of persons belonging to BPL category in the aforesaid portal amounts to coercing

people belonging to those category to pay the charges which is violative of Section 7(5) of the Right to Information Act, 2005 read with Bihar Right to

Information Rules, 2006 Section 3(2)(ii).

(iii)To accept the prescribed fee for filing online RTI application through Rupay & 'Online Banking', apart from other modes of payment of fee.

After the matter was heard for sometime, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the

respondent no. 1 Chief Secretary, Govt. of Bihar, Patna, to consider and decide the representation with respect to grievances raised in such

representation.

Learned counsel for the respondent states that if such representation is filed before the respondent no. 1 Chief Secretary, Govt. of Bihar, Patna, same

shall be considered and decided within a period of two months from the date of receipt of such representation in accordance with law.

Equally liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

Liberty reserved to petitioner to approach the court, if the need so arises subsequently on the same and subsequent cause of action.

The writ petition is accordingly, disposed of.