Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CIC) 6436

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, Information Commissioner
Radha Raman Tripathy – Appellant
Versus
CPIO Office of the Principal Commissioner of Income Tax – Respondent
CIC/CBODT/C/2023/615115 | CIC/CBODT/C/2023/615116 | CIC/CBODT/C/2023/615246 | CIC/CBODT/C/2023/615250 | CIC/CBODT/C/2023/615256 | CIC/CBODT/C/2023/628529 | CIC/CBODT/C/2023/628530 | CIC/CBODT/C/2023/628688 | CIC/CBODT/C/2023/628705 | CIC/CBODT/C/2023/628708 | CIC/CBODT/C/2023/628709 | CIC/CBODT/C/2023/628710 | CIC/CBODT/C/2023/628711 | CIC/CBODT/C/2023/628712 | CIC/CBODT/C/2023/628713 | CIC/CBODT/C/2023/629593 | CIC/CBODT/C/2023/615113 | CIC/CBODT/C/2023/615111 | CIC/CBODT/C/2023/615107 | CIC/CBODT/C/2023/615259 | CIC/CBODT/C/2023/615257

Advocates:
For the Appellants/Petitioners:
For the Respondents: Himanshu Kumar, Dinkar Chaudhary

Section 18 of the RTI Act is supervisory and does not permit disclosure directions; a complainant must follow the appellate mechanism under Section 19. Penal action under Section 20 requires proof of deliberate, mala fide withholding of information, which cannot be assumed through mere administrative delays.

Headnote:(A) Right to Information Act, 2005 - Sections 18 and 20 - Complaint proceedings - Scope of adjudication - Section 18 proceeding is supervisory and does not allow for directions for disclosure of information - Aggrieved party must follow Section 19 appellate mechanism - Procedural requirements under RTI Act must be strictly adhered to. (Paras 45, 46)

(B) Practice and Procedure - Service of documents - Obligation of the complainant to serve advance copies of complaints to the respondent is crucial for fairness and transparency - Lack of such service hinders effective resolution and case disposal. (Para 53)

Facts of the case:
Two dozen complaint petitions filed by an individual were aggregated for disposal. The complainant failed to appear during the scheduled hearings. The public authority established that they had not received the original RTI applications and were only notified upon discovery of the commission's hearing notices. The respondent provided detailed justifications for the absence of requested documents citing administrative restructuring and the non-availability of specified records.

Findings of Court:
The Commission found no merit in the allegation of mala fide intent or deliberate obstruction by the respondent. The complainant failed to provide evidence of wrongdoing and neglected to utilize the required statutory appeal process. It was observed that the complainant had filed a excessive volume of RTI applications, which appeared to be an abuse of the legal process.

Issues: Whether Section 18 of the RTI Act can be invoked for disclosure of information and whether the respondent acted with mala fide intent in denying information.

Ratio Decidendi: Proceedings under Section 18 are limited to penal and supervisory scrutiny, not information disclosure. Absent evidence of mala fide, individual grievances regarding missing records or administrative delays do not warrant penal action under Section 20.

Result: Complaints dismissed.

Table of Content
1. failure to provide requested information due to non-availability of records. (Para 1 , 44)
2. section 18 scope is limited; appellate remedies lie under section 19. (Para 45 , 46)
3. commission cannot adjudicate record correctness or impose penalties without mala fide. (Para 47 , 48 , 49 , 50 , 51)
4. misuse of rti process and failure to serve mandatory advance copies. (Para 52 , 53 , 54)

The above-mentioned Complaints are clubbed together as the Complainant as well as the Respondent are same and the subject-matter is similar in nature and hence are being disposed of through a common order.

CIC/CBODT/C/2023/615115

Relevant facts emerging from complaint:

RTI application filed on : 16.05.2019

CPIO replied on : Not on record

First appeal filed on : Not on record

First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 15.03.2023

1. The Complainant filed an RTI application dated 16.05.2019 (online) seeking the following information:

“Kindly refer to copy of Letter (First Page) enclosed.

Kindly provide me the following information.

1. Action taken on my letter dated 06-09-2008.”

2. Not having received any response from the CPIO, the Complainant approached the Commission with the instant Complaint.

CIC/CBODT/C/2023/615116

Relevant facts emerging from complaint:

RTI application filed on : 16.05.2019

CPIO replied on : Not on record

First appeal filed on : Not on record

First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 15.03.2023

3. The Complainant filed an RTI application dated 16.05.2019 (online) seeking the following information:

“Kindly refer to copy of Letter(First Page) enclosed .

Kindly provide me the following information.

1. Action taken on my letter dated 08-09-2008.”

4. Not having received any response from the CPIO, the Complainant approached the Commission with the instant Complaint.

CIC/CBODT/C/2023/615246

Relevant facts emerging from complaint:

RTI application filed on : 16.05.2019

CPIO replied on : Not on record

First appeal filed on : Not on record

First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 15.03.2023

5. The Complainant filed an RTI application dated 16.05.2019 (online) seeking the following information:

“Kindly refer to copy of Letter(First Page) enclosed.

Kindly provide me the following information.

1. Action taken on my letter dated 28-11-2008.”

6. Not having received any response from the CPIO, the Complainant approached the Commission with the instant Complaint.

CIC/CBODT/C/2023/615250

Relevant facts emerging from complaint:

RTI application filed on : 16.05.2019

CPIO replied on : Not on record

First appeal filed on : Not on record

First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 15.03.2023

7. The Complainant filed an RTI application dated 16.05.2019 (online) seeking the following information:

“Kindly refer to copy of my letter (First Page Only) enclosed.

Kindly provide me the following information.

1. Action taken on my letter dated 11-12-2008 until today.”

8. Not having received any response from the CPIO, the Complainant approached the Commission with the instant Complaint.

CIC/CBODT/C/2023/615256

Relevant facts emerging from complaint:

RTI application filed on : 16.05.2019

CPIO replied on : Not on record

First appeal filed on : Not on record

First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 15.03.2023

9. The Complainant filed an RTI application dated 16.05.2019 (online) seeking the following information:

“Kindly refer to copy of my letter (First Page Only) enclosed.

Kindly provide me the following information.

1. Action taken on my letter dated 03-02-2009 until today.”

10. Not having received any response from the CPIO, the Complainant approached the Commission with the instant Complaint.

CIC/CBODT/C/2023/628529

Relevant facts emerging from complaint:

RTI application filed on : 19.12.2019

CPIO replied on : Not on record

First appeal filed on : Not on record

First Appellate Authority’s order : Not

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