Bombay HC Asks Information Commissioners To Expedite Hearings In Appeals, Complaints Under RTI Act

Mumbai: The Bombay High Court on Tuesday asked the Information commissioners to decide second appeals and complaints filed under the Right to Information (RTI) Act within “reasonable time”, even though the Act does not prescribe a time frame for disposal.

A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne made the observation while disposing of a public interest litigation (PIL) filed by former Central Information Commissioner (CIC) Shailesh Gandhi.

Gandhi and four other RTI activists had sought faster disposal of second appeals by the Maharashtra State Information Commission (SIC).

The judges, while declining to issue any directions, remarked: “Even if the statute does not provide a time limit, there has to be a reasonable time to dispose of appeals.”

The petitioners had highlighted that nearly one lakh second appeals and complaints under the RTI Act are pending before the SIC, with some taking up to two years to be heard. The PIL highlighted that the post of CIC and seven posts of information commissioners (IC) was vacant in the state.

The plea added that the Supreme Court had previously directed the creation of three additional posts of IC to address the pendency. State Advocate Jyoti Chavan told the court that all existing posts —one Chief and seven Information Commissioners— have been filled as of April.

Chavan added that the government is considering the financial implications of creating three additional posts. “Everything in the petition has been complied with,” she said, adding that the government would decide on the new posts after taking into account resource constraints.

The advocate for the petitioners, however, pointed out that the delay was undermining the RTI framework. “The pendency is nearly one lakh. It takes over a year for a first appeal to come up, and two years for second appeals. This defeats the very purpose of the RTI Act,” he said.

Responding to the court’s query, the advocate representing the Information Commission assured: “We are trying to complete appeals as soon as possible.”

“We hope and trust that the Maharashtra State Information Commission shall make efforts to complete appeals as expeditiously as possible,” the court while disposing of the PIL.