RTI appeals and complaints are languishing in the Information Commissions for over a year
8 Jul, 2020RTI appeals and complaints are languishing in the Information Commissions for over a year
Information Commissions must dispose of second appeals within 45 days
RTI in Maharashtra is suffering grievously since RTI appeals and complaints are languishing in the Information Commissions for over a year and more. The law meant to give information in 30 days is derailed at the Information Commissions which adhere to no timelines and are not displaying a sense of responsibility to ensure time bound delivery of information. Over 58000 cases are pending and there is no sense of urgency displayed by the Commission.
There are rulings by the High Court of Calcutta in W.P. No. 11933 (W) of 2010 Akhil Kumar Roy v/s. The West Bengal Information Commission; and High Court of Karnataka in Writ Petition 28310 of 2015 Jayaprakash Reddy v/s. Central Information Commission & Union of India on this subject. Both have ruled that in the spirit of the RTI act Information Commissions must dispose of second appeals within 45 days. These rulings apply to the entire country as per the Supreme Court ruling in Appeal (Civil) 9159 of 2003 M/S. Kusum Ingots & Alloys Ltd vs Union Of India.
In view of this RTI activists of RTI Katta have served a legal notice on the Commission to ensure effective implementation of the citizens' fundamental right. The Commission is duty-bound to make a conscious effort to discharge its duty as per law.
We are hopeful that the Commission will lay out a roadmap to abide by the law as laid down by the two and respond to our legal notice in a positive manner.
Attached is our notice with the three judgments.
Love
Shailesh Gandhi
RTI Citation : RTIFI/2020/CIC/1494
Click here to view original RTI order of Court / Information Commission