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Judgment
Vivek Singh Thakur, J
In sequel to order dated 06.07.2018, learned Deputy Advocate General has placed on record instructions dated 21.08.2018 received from Secretary
(Administrative Reforms) to the Government of Himachal Pradesh stating therein as under:-
“I am directed to refer your letters No.CWP N2418/2010-24110, 24966 & 24967 dated 10-07-2018 and 16-07-2018 COPC-91/2018-18289 dated
25-05-2018 on the subject cited above and the say that the Ld. State Information Commission in its order dated 26-02-2010 has mainly ordered that
provision of Section 4(1) (a), (c) & (d) should be brought to the notice of all the public authorities for compliance by the Department of Administrative
Reforms of the State Government, it was also ordered that Department of ARO shall submit a compliance report to the Commission on the directions
contained in this order within a period of three months. The CWP No 2418 of 2010 was filed with the prayer to quash and set aside the order of the
Ld. State Information Commission dated 26-02-2010 and also to stay the directions as contained in the said order till the decision of Hon’ble Court
on the main petition. The Hon’ble Court vide Order dated 06-07-2018 has passed orders to seek instructions, on request to enable learned Deputy
Advocate General as to whether anything survives to be adjudicated in the present petition, as of now, or not.
The State Government in Administrative Reforms Organization in the petition has made submission that compliance to Section (4) of the RTI Act,
2005 is a duty cast on all the public authorities. The obligation of section 4(1) (a) of the RTI Act, 2005 is likely to be time consuming and it fulfillment
relates to availability of sufficient infrastructure, man power & resources etc. The State Government is very keen to comply with the above said
provisions in letter and spirit and has taken steps for its implementation by issuing necessary instructions to the public authorities, from time to time.
The information received from different departments envisages that the provisions of Section 4 of the RTI Act, 2005 are being adhered strictly and the
information is also uploaded by the concerned department on their departmental website. The above reflects that the above said provisions are being
complied with by the public authorities and the State Government is constantly involved for the implementation of the same by taking positive and
meaningful steps. It has been decided administratively that there is nothing survives to be adjudicated in the present petition.
Keeping in view the position enunciated in the preceding paragraphs, the Hon’ble Court may kindly apprised that there is nothing survives to be
adjudicated in the present petition, as of now, on the next date of hearing and further orders of the Hon’ble Court may be conveyed to this
department for ensuring compliance. The compilation of information received from the different ends is annexed herewith for ready reference. You
are also requested to take reference of this department letter of even number dated 28.11.2017.â€
Learned Deputy Advocate General submits that in view of the aforesaid communication, he has instructions to say that nothing survives to be
adjudicated and, therefore, to withdraw this petition.
Accepting submissions made by learned Deputy Advocate General, petition is dismissed as withdrawn, so also pending application(s), if any.