[HumJanenge] IMPORTANT QUESTION OF LAW - SECTION 18 OF RTI ACT 2005

In an Complaint case No. CC No. 461 of 2011 Copy attached) of Shri Kesar Singh s/o Late Shri Baldev Singh,r/o Village Guthmara, Post Office Devigarh, Distt. Patiala (Complainant) verses The Public Information Officer o/o the Punjab  and Haryana High Court, Chandigarh (Respondent), Mr. R.I. Singh, Hon'ble Chief Information Commissioner Punjab, on 28 April 2011 has referred the matter to Full Bench to decide the whether the complainant should avail all the efficacious remedies before filing complaint or second appeal and a complaint under Section 18 of the Right to Information Act, 2005 are two parallel remedies available to an information-seeker, who is free to avail either of the two.

 

THE NEXT DATE OF HEARING BEFORE THE FULL BENCH IS 17 MAY 2011.

 

Since this matter involves a larger issue that will affect all the information seekers in future, It is suggested by Dr. S. Malhotra that we should too involve in the issue ourselves as an interested party to it and request the Registry of the State Information Commission Punjab to issue Notice to us to present our point of view in the matter.

It is requested that the arguments/citations of other CIC and SICs as well High Court may please be contributed in this case so that the matter is placed before the bench effectively.

The following extract from the Order dated 28 April 2011:

"The respondent has raised an important question of law.  The Punjab State Commission has held that second appeal and a complaint under Section 18 of the Right to Information Act, 2005 are two parallel remedies available to an information-seeker, who is free to avail either of the two.  However, in view of the decision of the Central Information Commission cited by the respondent, an important question of law,  whether an information-seeker can approach the State Information Commission directly under Section 18 of the Right to Information Act,2005 without first appealing to the first appellate authority, has been raised..

The issue needs to be settled by a Larger Bench.  Accordingly, the matter needs to be referred to the Registry for constitution of full Bench.In view of the request of the complainant that matter should not be delayed, the case is adjourned for hearing on 17.5.2011 at 10.30 A.M.  The parties shall appear before the Larger Bench on that date.

--
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Warm Regards

Surendera M. Bhanot
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