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MANISH CHOUDHURY
Sonadhan Chakma – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
1. The petitioner has approached this Court invoking the extra ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India contending inaction on the part of the Assam Information Commission [‘the Commission’, for short] in the matter of taking cognizance of a Complaint, stated to have been filed by the petitioner before it on 21.05.2024.
2. The petitioner has claimed that he belongs to Chakma tribe, which has been recognized as a Scheduled Tribe in the district of Karbi Anglong, Assam under the Constitution [Scheduled Tribes] Order, 1950 made in exercise of the powers conferred by Clause [1] of Article 342 of the Constitution of India. To substantiate such fact, the petitioner has annexed a Tribe Certificate issued in his favour by the Office of the Deputy Commissioner, Karbi Anglong on 13.12.2017 as Annexure-1 to the writ petition.
2.1. The petitioner has stated that in order to obtain information as regards allotment of forest lands under the provisions of the Land Policy framed by the Government of Assam and the Scheduled Tribes & Other Traditional Forest Dwellers [Recognition of Forest Rights] Act, 2006 [‘the Act, 2006’, for sho
The Information Commission must inquire into complaints regarding misleading information under the RTI Act, ensuring compliance with statutory provisions.
The imposition of penalty by the State Information Commissioner was held invalid due to lack of statutory authority and necessary procedural safeguards under the Right to Information Act.
The penalty imposed on a deemed Public Information Officer is improper if the designated officer is not notified or held accountable for delays in providing requested information.
The main legal point established in the judgment is the statutory duty under the Right to Information Act, 2005 to provide information to the Information Seeker, the liability of the custodian of the....
The main legal point established is that a complainant under Section 18 of the RTI Act can file a statutory appeal under Section 19(1) of the Act if dissatisfied with the information provided, as per....
Judicial review is an integral part of the constitutional framework, and violations of natural justice in administrative actions are subject to review.
(1) There is clear distinction in between “Public Authority” within meaning of Section 2(h) and “Public Information Officer” within meaning of Section 2(m) of Right to Information Act, 2005.(2) Award....
The main legal point established in the judgment is that the power under Sec.20(2) of the RTI Act cannot be mechanically exercised, and the focus should be on whether the necessary information sought....
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