[Denial Of Info. Under RTI] 'Take Action Against Officer Under RTI Act Who Acted In A Callous Manner ', Gujarat HC Directs SIC [Read Order]
4 years, 6 months ago

[Denial Of Info. Under RTI] 'Take Action Against Officer Under RTI Act Who Acted In A Callous Manner ', Gujarat HC Directs SIC [Read Order]

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The Gujarat High Court on Thursday directed the State Information Commissioner to initiate proceedings under Section 20 of the Right to Information Act. Kogje observed, "The Court is of the view that this is a fit case where the proceedings under Section 20 of the Right to Information Act needs to be initiated in view of non-compliance of the order passed by the State Information Commissioner as well as the casual manner in which the application of the petitioner to seek the right to information under the Right to Information Act has been dealt with." The only stand, which was taken before the State Information Commissioner was that the information pertains to the third party, could not be provided in view of Section 8 of the Right to Information Act. Court's Observation The Court acknowledged the conflicting stand of the respondent authorities more particularly Public Information Officer, at the relevant time, before the State Information Commissioner that the information, as sought for, by the petitioner pertains to the third party, and therefore, refused to give him. At the first stage when the response was given to the petitioner by the Public Information Officer as well as State Information Commissioner about the information of the third party, and therefore, not provided would be at the presumption that the respondent authorities had the record with them and after perusal of such record have found that the information sought for by the petitioner is missing, and thereafter, change their stand of no record being available.

History of this topic

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