ORDER :

The present writ petition has been filed by the State of Madhya Pradesh, challenging the order dated 09.11.2017 (Annexure P-2) passed by the State Information Commission, Madhya Pradesh.

2. The impugned order of the State Information Commission directs the State of Madhya Pradesh to appoint Public Information Officers in the Chief Minister’s Secretariat and in the office of the Chief Secretary of the State. The aforesaid direction has been passed in terms of section 19 (8) of the Right to Information Act 2005 (for short “Act”).

3. The learned counsel for the State raised a preliminary ground of attack on the order, that the order is ostensibly passed under section 19 (8) of the Act, and the said provision vests jurisdiction to pass such order only while hearing an appeal. In the present case, the respondent No.1 had simply submitted a complaint, and thus, the Commission could only have exercised jurisdiction under Section 18 and 20 of the Act, and not under Section 19 (8).

4. The issue of jurisdiction is taken up first. It is argued by the State that while hearing appeal, under section 19 (8), the Commission can exercise the following jurisdiction :-

(8) In its decision, the Cen