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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ( LUCKNOW )
Attau Rahman Masoodi, Ajai Kumar Srivastava-I
Rajjan – Appellant
Versus
State Information Commission U.P. Lko. Thru. Its Commissioner – Respondent
| Table of Content |
|---|
| 1. failure of the information officer to provide requested information. (Para 1 , 2 , 3) |
| 2. arguments regarding the purpose of the right to information act. (Para 6 , 7 , 8) |
| 3. powers of the state information commissioner under the rti act. (Para 9 , 10) |
| 4. judicial interpretation of the rti act's objectives. (Para 11 , 12 , 13) |
| 5. court's directive for the commission to provide information and reconsider the appeal. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
JUDGMENT :
1. Heard learned counsel for the petitioner, Sri Shikhar Anand, learned counsel for State Information Commission i.e. respondent No.1 and learned Standing Counsel for the State.
2. The writ petition has come to be filed before this Court under Article 226 of the Constitution of India on the ground that the mechanism under the Right to Information Act, 2005, [hereinafter referred to as "Act, 2005"] in its entirety has failed to furnish the petitioner with the information as was prayed for initially before the Information Officer, who failed to provide the same. The appeal arising therefrom was also not decided within the statutory period of time, as a result of which the second appeal came to be filed before th
The Right to Information Act mandates that information must be provided to applicants, and the State Information Commission must actively ensure compliance rather than relying solely on penalties for....
The Right to Information Act mandates accountability for public officers in providing information, and penalties can be imposed for non-compliance.
Point of Law : Section 20 of Act deals with penalties.
The central legal point established in the judgment is that the concerned officer must be provided with a reasonable opportunity of being heard before any penalty is imposed upon them under Section 2....
The court established that the provisions of Section 20 of the Act, 2005 should be strictly construed, and the Commissioner must ensure that the conduct of the Information Officer was not bona fide b....
Imposition of penalty and compensation are distinct liabilities under the Right to Information Act, and relief can only be granted based on a legally protected right capable of being judicially enfor....
(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....
Adherence to the principles of natural justice and compliance with the Right to Information Act, 2005, including the imposition of penalties and compensation, must be in accordance with the statutory....
The State Information Commission must actively ensure compliance with information requests under the RTI Act, rather than solely imposing penalties for non-compliance.
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