2010 (9) TMI 693 - HC - Indian Laws

Right to Information Act - The Act provides that information should be provided to the person who seeks information, as expeditiously as possible - Rather provisions of Section 7(1) of the Act provide that it is mandatory for the authority to either reject the request or provide information within 30 days - Even the appellate Forums under the provisions of Section 19 of the Act are required to deal with the issue and dispose of the same as expeditiously as possible - Merely because no time frame has been provided under the provisions of Section 19 of the Act, as extracted above, it would not mean that the appellate Forum can sleep over the issue or not deal with the issue for a long period of time - Following the spirit of the Act, the appellate Forums under Section 19 of the Act, are required to issue appropriate directions to the Public Information Officer as required under the Act - Decided in favour of RTI applicant.

Summary

Issues: Failure to provide information under the Right to Information Act, 2005; Failure of statutory authorities to respond to appeal and complaint.

Analysis:
1. The petitioner filed a civil writ petition under Article 226/227 of the Constitution of India, seeking a mandamus to direct the respondents to supply information in accordance with Section 7 of the Right to Information Act, 2005.

2. The petitioner's counsel argued that the petitioner submitted an application for information, made the required deposit, and followed the Act and Rules. However, the State Public Information Officer failed to provide the information as mandated by Section 7 of the Act. The petitioner then appealed under Section 19 of the Act but did not receive any response to the appeal. Subsequently, the petitioner approached the State Information Commission, Haryana, through a complaint, but did not receive any communication from them either.

3. The court considered the contentions raised by the petitioner's counsel and examined the provisions of Sections 7(1), 19(1), and 19(3) of the Act. Section 7(1) mandates that information must be provided within 30 days of receiving the request, and if the request is to be rejected, it should also be done within the specified timeframe. Section 19 allows for appeals within 30 days of a decision or lack thereof, with a provision for a second appeal within 90 days.

4. The court noted that the petitioner did not receive the information requested, and even the appellate authority failed to decide on the appeal. Given these circumstances, the court directed the State Information Commission to address the complaint and issue orders within 30 days of receiving a certified copy of the court's order.

5. Emphasizing the importance of expeditiously providing information as per the Act's spirit, the court highlighted that both the Public Information Officer and the appellate forums must act promptly. The court underscored that failure to specify a timeframe under Section 19 does not excuse delays in addressing appeals. The court stressed that the appellate forums must issue necessary directions to the Public Information Officer in line with the Act's requirements.

6. In conclusion, the court disposed of the petition with directions for the State Information Commission to address the complaint promptly and ordered the petitioner to appear before the Commission on a specified date.