Bombay High Court Calls For Time Limit On Disposal Of Second Appeals Under RTI Act, Seeks Enhanced Efficiency Of State Information Commission

The Bombay High Court on Wednesday urged the Maharashtra State Information Commission (SIC) to establish a reasonable time limit for the expedited disposal of second appeals and complaints filed under the Right to Information (RTI) Act, 2005.

A division bench of Justice Devendra Upadhyaya and Justice Arif Doctor asked the SIC to evolve norms for more efficient functioning once its vacancies are filled by the first week of February 2024.

“Once the Commission starts functioning with full roster including the Chief Information Commissioner and other Commissioners, it would be appropriate to evolve and work out certain norms for more efficient functioning which would include chalking out some reasonable time limit for disposal of second appeal under the RTI Act. Accordingly, we direct that the copy of this order shall be placed before the SIC who shall take appropriate steps to formulate some reasonable time limit and prescribe the same for early disposal of second appeals and complaints”, the court stated.

The court was dealing with a PIL filed by former Chief Information Commissioner Shailesh Gandhi and a group of RTI activists, seeking more efficient functioning of the SIC

The PIL emphasized the protracted duration taken for the disposal of second appeals, citing instances where the delays led to frustration among information seekers. The petitioners underscored the need for a structured and time-bound resolution mechanism to address the grievances of those seeking information under the RTI Act.

The petitioner referred to the Calcutta High Court's stance, which suggested a reasonable time limit of 45 days for the disposal of second appeals similar to that for the disposal first appeal. He further submitted that the Madras HC, Bombay HC, and J&K HC had earlier sought a roadmap for the disposal of the second appeal.

The court noted that while a statutory time limit of 45 days exists for first appeals, there is no such time limit for the disposal of second appeals. Chief Justice Upadhyaya emphasized that even in the absence of a statutory time frame, there should be some reasonable time limit.

The court was informed that all vacancies, including those of the Chief Commissioner and other Commissioners in the SIC, would be filled by the first week of February 2024 after which the Commission will operate with a full roster.

The court acknowledged the imperative for the efficient functioning of the Commission and the desirability of early disposal of appeals and complaints and directed the SIC to take appropriate steps to formulate a reasonable time limit for the early disposal of second appeals and complaints.

The court directed the counsel for the SIC to report on the steps taken in compliance with this order by the next hearing scheduled for March 6, 2024.

Case no. – PIL(L)/3143/2020 [Original]

Case Title – Shailesh Gandhi and Ors. v. Maharashtra State Information Commission