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VIKAS BAHL
Gopal Krishan Gupta – Appellant
Versus
Central Information Commission – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge under rti act (Para 1 , 2) |
| 2. respondents' position on appeal (Para 3 , 4) |
| 3. court's observations on appeal procedure (Para 5 , 6) |
| 4. rti act provisions on appeals (Para 7 , 8) |
| 5. information commission's final adjudication role (Para 9) |
| 6. court's directive for final adjudication (Para 10 , 11) |
JUDGMENT
Mr. Vikas Bahl, J.(Oral)
This is a civil writ petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the order dated 28.02.2023 passed by respondent no.2 (Annexure P-11) whereby second appeal under Section 19 (3) read with section 20 of the Right To Information Act, 2005 (in short "RTI Act") and complaint under Section 18 (1)(a) to (c) read with Section 20 of the RTI Act, 2005 has been disposed of. Challenge has also been made to the order dated 22.06.2022 (Annexure P-8) and order dated 07.03.2023 (Annexure P-12).
2. Petitioner, who is appearing in person, has submitted that he had filed an application dated 07.02.2022 (Annexure P-1) before the CPIO and after the reply was received from the CPIO, the petitioner being dissatisfied had filed first appeal dated 19.03.20
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 record reasons in support of their conclusions, and insistence on recording of reasons is meant to serve the wider principle of justice that justice must not only be d....
Quasi-judicial authorities must provide clear, cogent reasons for their decisions to uphold principles of justice and ensure accountability.
Point of Law : Section 20 of Act deals with penalties.
Writ petition not maintainable under Article 226 without exhausting statutory second appeal remedy under RTI Act.
Public authorities must progressively disclose information to the public; RTI Act does not require hardcopies if information is already accessible online.
Public authorities must ensure proactive information disclosure while also complying with RTI requests, balancing access with discretion of information dissemination.
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