Wednesday, October 7, 2020

RTI FLASH 11

The State Information Commissioner is not entitled to appeal against a HC order. SIC can not be regarded as an "aggrieved person".

Supreme Court of India
Spl Leave to Appeal (Civil) 2013 CC 183/2013
Karnataka Information Commissioner Vs State PIO & Another 
Date of Decision: 18-01-2013


Originally, there was a request for some information regarding Karnataka High Court guidelines and rules pertaining to scrutiny and classification of writ petitions and the procedure followed by the HC in respect of a writ petition (N0 26657/2004).

The PIO /Dy Regr of the HC responded that the information is  available under Karnataka HC Act & Rules and on appropriate application under the said rules, information can be furnished. Against this the petitioner went on appeal to the SIC, which directed the court's PIO to provide copies and documents pertaining to the request free of cost.

When the SIC order was challenged by the PIO of the Court, a single judge quashed the SIC order. The SIC did not challenge the  single judge order but after a gap of 335 days filed an appeal  along with appeal for condonation of delay. The Division Bench of the Karnataka HC passed an order in Writ Appeal ( No 3255/2010, Karnataka Information Commission  Vs State PIO& Another.) stating that the Commission can not be treated as an aggrieved person. On this the SIC filed the Spl.leave petition.

After hearing both sides, the Supreme court frowned at the SIC filing a Spl.leave petition challenging the HC Division Bench order. The SC held that the SIC has no locus to file appeal as an 'aggrieved person'. The SIC was asked to pay cost of one lakh for filing frivolous petition.

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