Bombay HC asks SIC to prescribe time limit for early disposal of second appeals, complaints under RTI

A division bench led by Chief Justice Devendra Kumar Upadhyaya was hearing a PIL filed by former chief information commissioner Shailesh Gandhi and some Right to Information (RTI) activists, through advocate Sunil Ahya.

The PIL sought more efficient functioning of SIC as disposal of second appeals before the Commission takes much time, ultimately frustrating the information seekers. The petitioner sought direction from the court to the SIC to chalk out a roadmap to dispose of second appeals and complaints within 45 days.

The lawyer representing the SIC submitted that as per the RTI Act, while a 45-day time limit for disposal of complaints is prescribed, the law did not prescribe the same for disposal of second appeals, however, the Commission will ensure timely disposal.

“Efficient functioning of the Commission and desirability of early disposal of second appeals and complaints before it cannot be disputed. It is also true that the statutory framework within which the info is sought and provided by the authorities and the Commission under the RTI Act does not contain any prescription for disposal of second appeals or complaints within a specified time period,” the bench noted in its order.

However, there cannot be any doubt that even in the absence of a prescription, the Commission expected to dispose of the matter within a reasonable time, it added.

The bench referred to a verdict of the Calcutta High Court in the Akhil Kumar Roy v West Bengal Information Commission case and noted that it appears in furtherance to the RTI Act that there can be prescribed time to dispose of second appeals and complaints.

Additional Government Pleader Jyoti Chavan for the state submitted that the posts at SIC, including its Chief Commissioner and other Commissioners, shall be filled by the first week of February, which the bench said shall be done within the assured time.

“Once the Commission starts functioning with a full house, it would be appropriate for it to evolve and work out certain norms for more efficient functioning of the Commission, which will include chalking out some reasonable time limit to decide complaints and second appeals brought before it,” the high court noted.

Seeking steps taken for compliance of its order, the bench posted further hearing to March 6.

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