Public authorities under the RTI Act, 2005 are mandatorily obligated to provide requested information within the statutory timeframe unless specific exemptions apply, and failure to do so necessitates compliance directed by superior authorities or the court to ensure transparency and accountability.

(Hon'ble Shri Amitendra Kishore Prasad, Judge)

Order on Board

08/04/2026

1. The petitioner has filed this writ petition seeking following reliefs:

“(i) To call for records pertaining to the

case from respondent no. 1, for kind

perusal of the Hon'ble High Court, in

the interest of justice.

(ii) To direct respondents to furnish the

information sought for by the petitioner

in his application (Annexure P-2) free of

charge in the interest of justice.

(iii) To impose maximum penalty of Rs.

25,000/- (Twenty Five Thousand) on

respondent no. 3 and 4 and direct

disciplinary action against him, in the

interest of justice.

(iv) To direct respondents no. 4 & 5 to

pay compensation of Rs. 1,00,000/- to

the petitioner in the interest of justice.

(v) To direct respondents to pay to

petitioner cost of this litigation.”

2. The facts of the present case, as borne out from the pleadings, are that the petitioner has approached this Court being aggrieved by the inaction of the respondent authorities in providing information sought under the Right to Information Act, 2005. The petitioner is a resident of Village Bhadarpali, Post Toshgaon, Police Station and Tahsil Basna, District Mahasamund (Chhattisgarh). It is the case of the petitioner that on 21.06.2019, he submitted an application under the Right to Information Act, 2005 before respondent No. 5, seeking information and certified copies of orders and muster rolls pertaining to the work of digging Satbahani pond under the MGNREGA scheme for the year 2011–2012, which was stated to be undertaken on the recommendation of the State Government. It is further averred that when no information was furnished by respondent No. 5 within the prescribed time, the petitioner preferred a first appeal under Section 19 of the Right to Information Act, 2005 before respondent No. 4. However, vide communication dated 07.09.2019, respondent No. 4 failed to provide the requested information and instead informed the petitioner that respondent No. 5 did not have the relevant records or certified copies of the documents sought, and therefore, it was not possible to supply the same. The relevant documents pertaining to the first appeal proceedings have been filed collectively as Annexure P-3. Aggrieved by the non-supply of information, the petitioner thereafter preferred a second appeal before respondent No. 1 on 21.11.2019 along with the requisite fee. The second appeal was decided by respondent No. 1 vide order dated 13.07.2020, whereby respondent No. 3 was directed to conduct an inquiry into the matter and to initiate appropriate proceedings against the Secretary of the Gram Panchayat under Section 20(2) of the Right to Information Act, 2005. The second appeal was accordingly disposed of without granting the substantive relief of providing the requested information. The petitioner submits that despite the aforesaid directions issued by the appellate authority, the respondent authorities have failed to furnish the information and certified copies of the relevant documents, including the muster rolls and orders relating to the digging of Satbahani pond under MGNREGA for the year 2011–2012. It is contended that even after lapse of more than two years from the date of filing of the RTI application and despite the intervention of the appellate authority, the grievance of the petitioner remains unredressed. According to the petitioner, such inaction on the part of the respondents, particularly respondent No. 1, who is a statutory authority entrusted with the duty to ensure compliance of the provisions of the Right to Information Act, 2005, is arbitrary, illegal, and defeats the very object of the Act. Being left with no efficacious altern