The State Information Commissioner has the authority to initiate enquiries into corruption and misappropriation of funds under Section 18 of the Right to Information Act, and the right to be heard is essential before taking any action.

1. The petitioner before this Court was In-charge Headmaster of a Government Primary School, Tanda Banhera, Tehsil Roorkee. On information sought by one Munir/respondent no. 2 under the Right to Information Act (from hereinafter referred to as the “Act”), an enquiry was set up by the District Education Officer (Primary) and in the enquiry, it came out that the present petitioner, who was at the relevant time In-charge Headmaster in Government Primary School, Tanda Banhera, was collecting Rs.200/- from each student which is not authorized under the law. Further, it has also come out that an anomaly had been done i.e. misappropriation of funds in Mid-Day Meal Scheme. On this, a second appeal was filed before the State Information Commissioner, Uttarakhand and the State Information Commissioner came to the conclusion that this matter needs to be inquired into as the matter relates to corruption and misappropriation of funds etc, and therefore, the State Information Commissioner had directed the District Magistrate, Haridwar to enquire into the matter vide order dated 19.12.2017. This order is presently being challenged by the petitioner before this Court by means of the present writ petition.

2. The contention of the learned counsel for the petitioner Mr. Siddhartha Singh is that the petitioner was not a Public Information Officer and he was never a party in the proceedings under the Act, either at the stage of first appeal or second appeal and further he has not been heard. Therefore, the impugned order passed by the State Information Commissioner is without jurisdiction as the State Information Commissioner has no power to pass such kind of order, which has been passed.

3. The powers of State Information Commissioner are given under Section 18 of the Act as well as under Section 19 of the Act (in second appeal). However, this Court is presently concerned with the powers of the State Information Commissioner under Section 18 of the Act. Section 18 of the Act reads as under:-

“18. Powers and functions of Information Commission- (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission as the case may be to receive and inquire into a complaint from any person,-

(a) who has been unable to submit a request to a Central Public Information Officer, or State Public Information Officer as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or Senior Officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;

(b) who has been refused access to any information requested under this Act;

(c) who has not been given a response to a request for information or access to information within the time limits specified under this Act;

(d) who has been required to pay an amount of fee which he or she considers unreasonable;

(e) who believes that he or she has been given incomplete, misleading or false information under this Act; and

(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.

(2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an enquiry in respect thereof.

(3) The Central Information Commission or State Information Commission, as the case may be shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters,