The Orissa High Court has strongly criticized the State Information Commission (SIC) for its arbitrary and apathetic handling of a Right to Information (RTI) application filed in 2018. The court observed that the SIC's actions demonstrated a disregard for the principles of transparency and accountability enshrined in the RTI Act, 2005. The bench, led by Justice V. Narasingh, expressed concern that the SIC had allowed its decision-making process to be ensnared by bureaucratic red tape, thereby undermining the efficacy of the RTI Act. The court emphasized that such conduct rendered the provisions of the Act nugatory, highlighting the importance of timely and transparent responses to RTI applications.
The case originated when the petitioner, along with fellow villagers, submitted a representation to the Chief Secretary of Odisha on December 26, 2017, requesting the recording of a specific plot of land in government records and the eviction of alleged illegal encroachers. After a reasonable period without any action, the petitioner filed an RTI application to ascertain the status of the representation and whether any steps had been taken. When no information was provided, the petitioner filed an appeal under Section 19(1) of the RTI Act. On December 12, 2018, the Public Information Officer (PIO) of Bhadrak Tahasil informed the petitioner that the requested information was not available, according to the Dealing Assistant in charge of encroachments.
Dissatisfied with this response, the petitioner filed a second appeal under Section 19(3) of the RTI Act. The Law Officer of the SIC then claimed that the questions raised by the petitioner had been addressed "point-wise" in a letter dated December 12, 2018. However, the SIC's subsequent actions were marked by inconsistency and a lack of clarity. The Commission initially took note of the letter dated December 12, 2018, but later dropped the proceedings without providing a satisfactory explanation. This abrupt discontinuation of the case prompted the petitioner to approach the High Court, seeking redress for the perceived injustice.
In its judgment, the Orissa High Court highlighted the contradictory and evasive stance adopted by the SIC to avoid providing the requested information. The court noted that the Commission's actions were not only arbitrary but also reflected a deep-seated apathy towards the principles of transparency and accountability. Justice Narasingh remarked that the SIC's decision-making process had become entangled in officialdom and red tape, which are illegitimate tools to deny response to an RTI application. The court's observations underscored the need for public authorities, including the SIC, to adhere to the timelines and obligations set forth in the RTI Act.
The High Court's criticism serves as a stern reminder to public authorities about their duty to uphold the transparency mandated by the RTI Act. The judgment calls for a reevaluation of the practices within the SIC to ensure that such arbitrary and apathetic handling of RTI applications does not recur. The court's intervention in this case reaffirms the judiciary's role in safeguarding the rights of citizens to access information and hold public authorities accountable.
0 Comments
Thank you for your response. It will help us to improve in the future.