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CIC exceeded jurisdiction in RTI case, petitioner to pay costs for incomplete info. The High Court held that the Central Information Commission (CIC) exceeded its jurisdiction under the Right to Information Act, 2005 by making ...
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CIC exceeded jurisdiction in RTI case, petitioner to pay costs for incomplete info.
The High Court held that the Central Information Commission (CIC) exceeded its jurisdiction under the Right to Information Act, 2005 by making recommendations beyond its scope. The Court directed the petitioner to pay costs to the respondent due to incomplete information provided, emphasizing the Public Authority's duty to ensure complete responses. The CIC's order was set aside, stressing adherence to the Act's provisions and proper handling of information requests.
Issues: 1. Jurisdiction of the Central Information Commission (CIC) under the Right to Information Act, 2005. 2. Denial of information sought under the Act. 3. Observations and recommendations made by the CIC beyond its jurisdiction. 4. Non-responsive attitude of the Public Authority. 5. Compensation to the respondent for unsatisfactory response and costs.
Analysis: 1. The petitioner challenged an order by the CIC, contending that the observations made were beyond the CIC's jurisdiction under the Right to Information Act, 2005. The CIC's decision-making powers are delineated by the Act, and it is not authorized to delve into disputes outside its scope.
2. The respondent sought information regarding plot allotments under the 20-Point Programme, which was not adequately provided by the Public Authority. The CIC observed procedural irregularities and directed necessary relief for the respondent, highlighting the non-responsive attitude of the authorities.
3. The CIC's order included recommendations for relief to the respondent, emphasizing the need for action by the Deputy Chief Minister to address irregularities in plot allotments. However, the High Court found that the CIC had overstepped its jurisdiction by examining matters beyond the Act's specified scope.
4. Despite acknowledging the unsustainability of the CIC's order, the Court directed the petitioner to pay costs to the respondent due to incomplete information provided and the need for a thorough inquiry into missing records. The Court emphasized the duty of the Public Authority to ensure complete responses to information requests.
5. The Court allowed the petition, setting aside the CIC's order, while clarifying that it did not express an opinion on the petitioner's entitlement to the plot of land in question. The decision highlighted the importance of adhering to the Act's provisions and ensuring proper handling of information requests to avoid legal challenges.
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