2006wp720.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.720 OF 2011 Harishchandra D.Warne and ors. ..vs.. State of Information Commissioner and anr. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr. C.S.Samudra, Adv. for the petitioners. Mr.C.N.Adgokar AGP for the resp.2 & 3. CORAM : R.M.SAVANT, J. DATED : 20th June, 2011. The impugned order passed by the State Information Commissioner dated 30/06/2010 is challenged on the ground that no opportunity of hearing was given to the petitioner, in as much as, no notice of hearing of the appeal was given to the petitioner and the appeal has been disposed of by recording as the petitioner was absent. The appeal is directed against the incomplete information given by the authorities pursuant to the order passed by the First Appellate Authority. In my view, therefore, the interest of justice would be served if the impugned order dated 30/6/2010 is set aside and the matter is relegated back to the State Information Commissioner for a de novo consideration of Appeal No.802 of 2010 by affording opportunity to the petitioner. Hence, allowing the above writ petition and setting aside the impugned order dated 30/6/2010, the following directions 2006wp720.11.odt 2 are issued. (i) The petitioners to appear before the State Information Commissioner on 11/7/2011. (ii) The State Information Commissioner would thereafter hear and decide Appeal No.802 of 2010 within a period of two weeks of 11/7/2011. Rule is accordingly made absolute in the aforesaid terms with parties to bear their respective costs. Authenticated copy of this order be furnished to the parties. JUDGE chute