The Bombay High Court on Wednesday asked the State Information Commission (SIC) to chalk out a road map fixing a reasonable time limit for early disposal of second appeals and complaints filed under the Right to Information (RTI) Act.
A division bench of Chief Justice D K Upadhyaya and Justice Arif Doctor also asked the Maharashtra government to ensure that all vacancies, including the post of the Chief Information Commissioner, are filled up by the first week of February 2024.
The court said while the statutory provisions say that first appeals have to be heard within a period of 45 days of filing, there was no such prescription for disposal of second appeals/complaints.
Advertisement
However, there cannot be any doubt that even in the absence of any such statutory prescription, the commission is expected to dispose of second appeals in an appropriate time frame, the court said.
"Efficient functioning of commission and desirability of early disposal of second appeals and complaints being brought before the commission cannot be disputed," the bench said.
The court was hearing a PIL filed by former chief information commissioner Shailesh Gandhi and some Right to Information (RTI) activists, raising concerns over the efficient functioning of the commission.
The petitioners' contention primarily is that the disposal of second appeals being preferred before the commission takes much time, which ultimately results in frustrating the information seeker.
Advertisement
Additional government pleader Jyoti Chavan informed the court that all vacancies in the SIC, including the office of the Chief Information Commissioner, shall be filled in by the first week of February.
The bench accepted this statement and said it hopes and trusts that the same is abided by.
"Once the commission starts functioning with full powers, it would be appropriate for the commission to evolve and work out certain norms for more efficient and better working and functioning of the commission which will include chalking out some reasonable time limit to hear and decide second appeals," the court said.
It directed the Chief Information Commissioner to take steps to formulate some reasonable time limit for early disposal of second appeals and complaints.
The bench posted the matter for further hearing on March 6. 2024.
-With PTI Input
