Information Commission cannot direct for providing information in case of a complaint
16 Nov, 2013Background
An application was filed under the Right to Information (RTI) Act on 4th February, 2012 before the Central Public Information Officer (PIO) of Central Excise & Service Tax Appellate Tribunal (CESTAT) seeking certain information. Alleging that the PIO had failed to provide information sought in terms of the aforesaid application, a complaint was filed before the Central Information Commission (CIC) under Section 18 read with Section 20 of the Right to Information Act, seeking imposition of penalty on the PIO under Section 20 of the Act. The complainnat clearly stated that he had filed a separate appeal under Section 19 of the Act before the First Appellate Authority and in the complaint he was seeking action against the PIO.
Reference
A reference was made to a past Apex Court judgment. Hon’ble Supreme Court in Central Information Commissioner vs. State of Manipur & Anr. (link - http://www.rtifoundationofindia.com/rti-act/state_of_manipur.pdf) had held that Sections 18 and 19 of the Act serve two different purposes and lay down two different procedures and they provide two different remedies. One cannot be a substitute for the other.
Order of High Court
· The High Court quashed the impugned order dated 19th July, 2012 passed by the Central Information Commission and the Commission was directed to dispose of the complaint (No.CIC/SS/C/2012/000336) in four months.
· While dealing with a complaint under Section 18 of the RTI Act, the Commission has no power to direct providing of the information subject-matter of the complaint. Such a power can only be exercised when a Second Appeal is preferred before the Information Commission under Section 19(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. .
· The HC expected that the CIC would henceforth decide the complaints on merits instead of directing the PIO to provide the information which the complainant had sought.
· Further, the HC observed that it would be open to the CIC to give such a direction while entertaining a second appeal under Section 19(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. of the Act.
[Citation: J.K. Mittal V. Central Information Commission and Anr in W.P.(C) No.6755/2012]
RTI Citation : RTIFI/2013/CIC/1463
Click here to view original RTI order of Court / Information Commission