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ANIL K. NARENDRAN, P. G. AJITHKUMAR
State Information Commission (Represented By Its Secretary), Office of the State Information Commission – Appellant
Versus
C. V. Rajendran, S/o. C. C. Velayudhan – Respondent
ORDER :
Ajithkumar, J.
“When application made for information as provided under Section 6 of the Right to Information Act, 2005 (for short “RTI Act”) is rejected, either expressly or otherwise, the remedy available to the applicant is to file an appeal as provided under Section 19 of the RTI Act and that a further complaint under Section 18 to the State Information Commission is not maintainable.” This is the position of law expounded by this Court in the judgment dated 28.10.2014 in W.A.No180 of 2010. The 1st respondent in the Writ Appeal, State Information Commission took exception to that and filed this Review Petition invoking Order XLVII, Rule 1 of the Code of Civil Procedure, 1908.
2. As per order dated 22.8.2022, service of notice on respondents No.2 to 4 was dispensed with. Heard the learned Standing Counsel for the petitioner and the learned Counsel for the 1st respondent.
3. In the judgment sought to be reviewed, the Division Bench held that the State Information Commission acted beyond its jurisdiction by issuing Ext.P1, whereby the 1st respondent was directed to take action on complaint dated 17.08.2007. That complaint was submitted by the requester alleging that the inform
The Information Commission must inquire into complaints regarding misleading information under the RTI Act, ensuring compliance with statutory provisions.
The State Information Commission must actively ensure compliance with information requests under the RTI Act, rather than solely imposing penalties for non-compliance.
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.
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