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VIKAS BAHL
Rajwinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Vikas Bahl, J. (Oral)
This is a Civil Writ Petition filed under Article 226 of the Constitution of India for the issuance of a writ in the nature of certiorari for setting aside the order dated 06.03.2023 (Annexure P-9) vide which the second appeal of the petitioner has been disposed of by respondent No.2- State Information Commission, Punjab.
2. Learned counsel for the petitioner has submitted that the petitioner had moved an application dated 15.09.2022 (Annexure P-2) under section 6(2) of the Right To Information Act, 2005 (hereinafter to be referred as "the Act of 2005"), in which, he had sought information on seven points. It is further submitted that when the said information was not provided to the petitioner then he filed the first statutory appeal on 18.10.2022 (Annexure P-5) and when even the first Appellate Authority did not provide the requisite information to the petitioner then the second statutory appeal dated 29.12.2022 (Annexure P-7) was filed by the petitioner. It is contended that although, the information under point Nos.3, 4 and 6 of the application (Annexure P-2) was not supplied but the State Information Commissioner, Punjab by passing a cryptic an
The State Information Commissioner must provide a reasoned order and ensure both parties are heard in RTI appeals, adhering to principles of natural justice.
Quasi-judicial authorities must provide clear, cogent reasons for their decisions to uphold principles of justice and ensure accountability.
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 Right to Information Act must be applied without overburdening public authorities, addressing the misuse of the Act by individuals questioning the legitimacy of repeated inquiries.
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